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HomeMy WebLinkAboutCDP 12-16; Gibbs Addition; Coastal Development Permit (CDP)... . '~ «~Zi; ~ CITY OF CARLSBAD APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 --...,Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Dgvelopment Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Administrative Permit 0 General Plan Amendment 0 Coastal Development Permit(*) JAMinor Cbp fa ... /b D Local Coastal Program Amendment(*) 0 Conditional Use Permit (*) 0 Minor 0 Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit(*) 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance D Administrative D Master Plan D Specific Plan D Zone Change (*) 0 Amendment 0 Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor D Major Village Review Area Permits 0 Review Permit D Administrative 0 Minor D Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: BETWEEN (NORTH, SOUTH, EAST, WESD r A-( l ~ ~ ( Co oST H c,J.A/ (NAME OF STREED 10 NC.6 r\c HE ....::a AI'>D\TtoN -Deck £tt~s 1 o~ K'l"\CHS-(\..) I l<&.P?Aa G"".Kt.Sl: Dtzk': I STREET ADDRESS SIDE OF ~ Hv I(_ f. U k' 'Vf. (NAME OF STREED AND nt~ "P'Aer+~c_ oce~ (NAME OF STREED ... . c ~"""""' 1.. _j OWNER NAME (Print): c;,,t,~ f~,Cj lt-~T APPLICANT NAME (Printf'" '6~6 1 L~12-@.tPr88S' MAILING ADDRESS: ~\ 'l C' Sc.-\OU ~Q.\\)e.. MAILING ADDRESS: SA-M(g CITY, STATE. ZIP: ~lS e.A-1) ((A .. O(ZCOJ' CITY, STATE, ZIP: TELEPHONE: (1t~O) 41(p • .... q "14] TELEPHONE: EMAIL ADDRESS: 1(\WlSt~@ dc>l. co~ EMAIL ADDRESS: c;. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO ~& 7/J.o/£ot2- THE BEST OF MY KNOWLEDGE. SiG"'"'"Tu~-riATE I SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): 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. 1/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 T NO AN ANY S CCESSORS IN INTEREST. '" FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED JUL 2 0 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION ~t:CEIVED RECEIVED BY: Revised 06/12 Indemnification and lnsur ce Requirement for Village Area dministrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold.harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to. persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to thi,s permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its offipers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" C¥1d provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Ave ue Carlsbad The insurance shall remain in effect for as long as the prope y is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a con ition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I und rstand that an approved administrative permit shall remain in effect for as long as outdoor displays are per · ed within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature----------------+-----Date: __________ _ Certification Statement: I Certify that I am the Le al Pro e Owner for the subject business location and that all of the above information is true and correct to the best of knowledge. I support the applicant's request for a permit to place the subject property on the public side alk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displa s are permitted within the Village Review Area and the permittee remains in compliance with the subject appro ed permit. I Signature------------+--------Date: __________ _ P-1 Page 3 of6 Revised 06/12 (, .~ LArm'USE REVIEW APPLICATION FORM 'wl INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms, the City has adopted a comprehensive application form to handle multiple application submittals. The following instructions should assist you in preparing the application form for submittal to the City: ~ Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. ~ Assessor Parcel No(s).: Include all assessor parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessor parcel number(s). ~ Project Name: Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ~ Brief Description of Project: Write down a brief description of the project. Be specific but do not include square footage or architectural details. For example: a neighborhood commercial center with two restaurants; single family detached residential project; or an industrial/office complex with three industrial/office buildings. ~ Owner's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the owner for all applications. Use the owner's name as it appears on the title report. ~ Applicant's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. All correspondence and contact regarding the application will be directed to the applicant. ~ Brief Legal Description: Provide a brief legal description of the property such as "Lot 6 of Map No. 8828 Carlsbad Tract 88·3" or "Portion of Lot I of Rancho Agua Hedionda map 1717." Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. ~ Location of Project: Fill in the blanks with the street address (if appropriate), direction and street names. For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. ~ Consent to Allow Entrance onto the Property: Signature granting members of City staff, Planning Commissioners, or City Council members' permission to inspect and enter the property. ~ Notice of Restriction: Property owner acknowledges and consents to a Notice of Restriction if conditioned for the applicant. Notices of Restriction run with the land and bind any successors in interest. Application Requirements: Attached with the application form are the various submittal requirements for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. If you have any questions regarding application submittal requirements (i.e.. clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. IMPORTANT: Check all submittals to be sure all the required information and materials have been submitted with your application. Incomplete submittals will not be processed or scheduled for review by staff, the Commission or Council. You will be notified in writing within 30 days of submittal whether or not your application is complete. A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. P-1 Page 4 of6 Revised 06/12 A~plicant Disclosure-Form ~(A): All applications require submittaRt an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. Pro!ect Description/Location -Form P-1 (B) Hazardous Waste Statement-Form P-1 (C) Environmental Impact Assessment -Form P-1(D): All applications for development require submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction provided with the application form, Time Limits on Discretionary Permits-Form P-1(E) Circulation Impact Analysis: All applications which propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact Analysis. This analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Fire Department/Water District Consultation: Prior to submittal of an application for development in the City, you are encouraged to consult with the Fire Department and the appropriate water district in order to design your project in compliance with their requirements. Failure to consult with either agency could result in unnecessary delays, redesign or project denial. The purpose of the notice is to get projects to "design in" water and fire requirements in advance. Digital Submittals: Applicants shall submit digital files with the application at initial submittal and at approval of tentative tract map, in accordance with Engineering Standards. P-1 Page 5 of6 Revised 06/12 SCREENING OF EQUIPMENT Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators, ovens, etc ... ) shall not be directly visible from a height of five feet from the closest building wall on any lot. Scaled elevations of all such equipment, as well as screening materials, are required on all site plans. See example below. EXAMPLE OF SCREENING MATERIAL DISPLAY PROPERTY LINE n • n---a -~c: PROPERTY LINE\ 50' LANDSCAPE SETBACK c-. ............. nc-11--, 0 () ~-~------------------~~------------------------~\---------------------, ~ f ... ··\ ... ' -. Jl"/ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit • Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of· the corporate officers. (A separate page may be attached if necessary.) Person 13 R VC..f.__. w. G.:-b b 5 Corp/Part. __________ _ Title Tfl-vs r:t£ Title. ___________ _ Address 52,5-I)'HtJ (lf l) e ox:.... Address, __________ _ CM-LS rgA-J>,CA-. Cf;J.-OC8-4~4? 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person (,· b b S Fa. 'INl", \ J 'i:1l-v.>T Corp/Part. _________ _ Htte A$ J.ecf-etP _r)l/t¥tq[C, . Title. ________ _ Address ~I '1 S SHoll.£. ful..t Vf___ Address. _________ _ C~s B-fb)7 CA _ '7 .uvg-4~1{•-+---------- Page 1 of2 Revised 07/10 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 . .WeR PFefit/Trust 13(l.u C.£-Lu. 6~\,\,s Non Profit/Trust LA-u.~tL C._ (; (lo\o~ Title t~u? C~L Title_·._! .... f2-_\)...c5~'t'-~=-=tz....::;;._ _____ _ Address s:ro, 5 >"&cfL f l'Lt "f.-Address $"'( q 5 SHot?-f [) /l.' u L CMLsa.,Av, CA-. CZJ..t>P8-43lf? Cr\-~Ls P.,~L:>, CA-, CfJ.ct>8-43lf-~ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~o If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Print or type name of owner ~------~~---~------------0~!~/z~IZ­signature of applicant/date 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 07/10 '~ -~ .4. . -~ CITY 0 F CARLSBAD PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: G;\ \ob S t= e is J Q•A c .e:: . K ,' hke .v i-tt~cJ:::.. cJl[, ±-za' c=J APPLICANT NAME: ~(L v C-q_ \.u . G' ~ \o Jo 5 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: P-1(8) Page 1 of 1 Revised 07/10 ~ -.({ HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ~ CITY OF CARLSBAD Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites list compiled by the California Environmental Protection Agency and hereby certify that (check one): D 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. The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT(5f2.uc{_ bt'hbS ~,.... Name: c;,Us ~'[.,[ T~r O•.frl/tqkq Address: s;" l'i {" .S~ oa, \l'(. PROPERTY OWNER Name: SA-wt~ Address: _________ _ C~\..~ tb~ 1 CA . 1 et wa*" Phone Number: 7(,0-4-7(, -t::f1~7 Phone Number: ?~f)-.-t")(,-CJ7f7 Address of Site: __ -=~;........;._fei_r___;;,...s...;;..'Hv.:....;...._;tte__;;__..;;.O_tt_,_v_e____,.F-' -~~...:...._::.....;...8....:~.:......_Ll-C.a----=·~q~z._o..:or:...::._ __ _ Local Agency {City and County): (!.t 't"/ or: ~~S8&Q Assessor's book, page, and parcel number: td{ I~ l?:)lt(f~ ,( wr #, RJMef..o AqvA ~;f,,....,,f/111-; tt-(Jh"c:f.Z.3 A-P ....l 2.. ,o· -<!> (, , -1 o ' Specify list(s): ____________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ____________________________ _ ~wQuL Property Owner Signature/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 07/10 ' ' • I .. • ~ ( I T Y 0 F · , :..:;_ CARLSBAD'~ HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List) makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in) 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/Corteselist/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker. waterboards. ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCUS"} www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702} 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npllnpl.htm P-1(C} Page2 of2 Revised 0711 0 'i • ....,~ ~ «~ .. ))' ~ CITY OF MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov CARLSBAD P-6 A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application 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'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. New Residential Square Footage: • :S ' a 0 square feet x $ /sq. ft. = $--------- Residential Addition Square Footage: "::2.. 0 0 square f~et x $ 13/· 73 /sq. ft. = $ ?..b 1 3 4-6. Any Garage Square Footage: ------square feet x $ /sq. ft. = $. ________ _ Residential Conversion Square Footage: ______ square feet x $ /sq. ft. = $. ________ _ => Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ------square feet x $ /sq. ft. = $. __________ _ COST OF DEVELOPMENT ESTIMATE: $ ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) ~ 2. A Coastal Development Permit ($60,000 or more cost estimate) 0 C. Street address of proposed development 5/95 >Hog£ j)fLtue CA:eLS~~ Ut. 9~8-Lf-3'+9 P-6 Page 1 of6 Revised 05/12 ' . ~""" _.,~ D. Assessor's Parcel Number of proposed development 'd..\ 0 -0 to I - ( 0 -oo E. Development Description: Briefly describe project: ()0{) '11 k. ,-~~ tLiLJ:l ~+to.V ~ ~e p l~e.­ e"?'l Stl tVQ ;2.3/J .;6 1\Le-A, bel::_ tu\'tb Ne-.:J AlD fll r' L£ "'() :Duv---. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: $t ~<t ~ tc::'l."', ·1'1 Ju,"""-~ s South: s r ,.., ? f.e_. £B. m 1c 17 1\0.;..,., r East: c;: t e<; l..e ~4 ./ ,t-ac:re s: West: 6 C £.A.=N G. Is project located within a 1 00-year flood plain? 0 Yes it[ No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? (:3--Yes 0 No If yes, please describe. {$.157 t.es.Jlh,ce B. Will any existing structure be remov~d/demolished? ;gJ_Yes 0 No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). ~ rc~t>tJe.-ex.l$?:1/Us sh~-L ·£fr .... c f-..:~re_ Ill. LOT COVERAGE A. Existing and Proposed Existing Pro go sed Total Building Coverage :J..s. q, sq. ft. :Lt;9£ sq. ft. lstlt sq.;-~cr,?l% Landscaped Area 3[;zo sq. ft. ? 12.0 sq. ft. Jf.Z.D sq. ft. ~f. k>h % Hardscape Area 9-9oo sq. ft. 2-91){) sq. ft. ,)..CJ!t) sq. ft. 3'f. ~ % Unimproved Area (left Natural) sq. ft. sq. ft. -sq. ft. -% B. Parking: Number of existing spaces f dl 8'4 ,."' ce ;l... & .,. ' v~c..v~ Number of new spaces proposed _ ___;;D _____ _ Existing/Proposed TOTAL: M-•4 :2_ Number of total spaces required ;;J.._ Number of covered spaces ;L. Number of uncovered spaces _ __;_l-____ _ Number of standard spaces 2-- P-6 Page 2 of6 Revised 05/12 ' . c. P-6 l'"'' '-" Number of compact spaces Is tandem parking existing? Is tandem parking proposed? Grade Alteration: Is any grading proposed? 0 Yes ~No If yes, please complete the following: 1. Amount of cut 2. Amount of fill 3. Maximum height of fill slope 4. Maximum height of cut slope 5. Amount of import or export 6. Location of borrow or disposal site Page 3 of6 0Yes#_~No OYes#_lB-No cu. yds. cu. yds. feet feet cu. yds. Revised 05/12 c The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together. then folded to 9" x 12" with lower right hand corner of plan visible.) P·6 A. SITE PLAN-Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. GENERAL INFORMATION Da. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Db. Location, size and use of all easements. De. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Dd. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Dg. Dimensions/location of signs. Dh. A summary table of the following (if applicable to the application): D(1) Street address and assessor's parcel number. 0(2) Site acrea_ge._ _ _ _ D(3) (ExlstlngZone and Land Use 6esignatiorv. D(4) Proposea-landuse. · D(5) Total building coverage (in square feet and as a percent). D(6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. D(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). Oi. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is· in an overlay zone. The following information shall be submitted at a minimum: 01. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 1 0%; and 5' intervals for slopes over 1 0% (both existing and proposed). Existing and proposed topographic contours within a 1 00-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. 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. 06. Clearly show and label the 1 00 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. Page 4 of6 Revised 05/12 .. C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: D 1. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05. Building Heights of all structures (top of roof and top of roof projections) COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS OA. ~A~c~o~~~~~~~~~~~~~~~ DB. ~ ompleted Coa i . De. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. Do. Disclosure Statement. _ DE. ,.---Two (2) copies of the Preliminary Title Report" rrent within the last six (6) months). OF. C-oriip1eted...ap · · · 1on sheet. OG. 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/building/Documents/E- 34.pdf (Distribute copy to Land Development Engineering). DH. 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 Land Development Engineering Standards. 01. Property Owner's List and Addressed Labels: Single Family Residence 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: P-6 Aria I 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 Page 5 of6 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 Revised 05/12 . ·' c 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. Note: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. Minor Coastal Development Permit 1. 100' Radius Occupants/Address List and Labels (for coastal zone/COPs only): One (1) list of the occupants/addresses located within a 1 00' radius of the project site; and two (2) sets of mailing labels of the addresses within a 1 00' radius. P-6 Page 6 of6 Revised 05/12 -_0_''?_B_5 __ c._D.._P ---.1 -, b «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov 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). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. 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 to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A 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, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. Does your project meet one or more of the following criteria: 1. Housing subdivisions of 10 or more dwelling units. Examples: single family homes, multi-family homes, condominium and a rtments 2. Commercial-greater than 1-acre. Any development other than heavy industry 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 buildin s; ublic warehouses; automotive dealershi s; airfields; and other li ht industrial facilities. 3. Heavy Industrial I lndustrv-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.}. 4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary 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 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria re uirements and h dromodification ~ uirements. YES E-34 Page 1 of 3 REV 1/14/11 NO Bruce Gibb Bruce Gibb 5194 Shore Dr carlsbad, CA 92008 Phone: (760)476-9747 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: c 5195 Shore Drive 56163 (MK) Mike Kovacs (714)748-7000 Order Number: 56163 (MK) Page Number: 1 625 The City Drive, Suite 150, Orange, CA 92868 (714)748-7000 (714)748-7405 mkovacs@westemresourcestitle.com The Gibbs Family Trust 5195 Shore Drive Cartsbad,CA PRELIMINARY REPORT First American Title Insurance Company In response to the above referenced application for a policy of title insurance, this 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 herelnatrer 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 below or not excluded from coverage pursuant to the printed SChedules, Conditions and Stipulations of said Policy fonns. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forrns should be read. They are available from the office which Issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exdusions 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 CIOndition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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 asstl1led prior to the issuance of a policy of title Insurance, a Binder or Commitment should be requested. Western Resources TiUe Company c Dated as of July 17, 2012 at 7:30A.M. Order Number: 56163 (MK) Page Number: 2 The form of Policy of title insurance contemplated by this report is: Preliminary Report Only A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: BRUCE W. GIBBS AND LAUREL C. GIBBS, Co-TRUSTEES OF THE GIBBS FAMILY TRUST UNDER DECLARATION OF TRUST DATED 1-13-1989 The estate or interest in the land hereinafter described or referred to covered by this Report is: AFEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exdusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2012-2013, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2011-2012. First Installment: $5,713.94, PAID Penalty: $0.00 Second Installment: $5,713.94, PAID Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 21Q-061-10-00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 4. The lien of bonds and assessment liens, if applicable, collected with the general and special taxes. Western Resources Title Company c Order Number: 56163 (MK) Page Number: 3 5. Covenants, conditions, restrictions and easements in the document recorded January 25, 1951 as in Book 3948, Page 389 of Offidal Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in california Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or california Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 6. Any easement or claim of easement based upon prescription or by implied dedication to the public over said land or any part thereof, for access on adjoining beach or body of water for recreation purposes. 7. Any adverse claim based upon the assertion that some portion of said land is tide or submerged land, or is land that has been created by artifidal means, or is land that has accreted to such portion so created. 8. Rights and easements for commerce, navigation and fishery, in favor of the public, of the federal, state or munidpal government. 9. A deed restriction for waiver of future claims of liability, and the terms, covenants, conditions and restrictions and provisions contained therein recorded March 28, 1989 as File No. 89-156122 and October 28, 1991 as File No. 91-0554118, both of Official Records. 10. A Deed of Trust to secure an original indebtedness of $2,000,000.00 recorded June 24, 2003 as Instrument No. 2003-Q741000 of Official Records. Dated: JUNE 12, 2003 Trustor: BRUCE W. GIBBS AND LAURIE C. GIBBS, CQ-TRUSTEES OF THE GIBBS FAMILY TRUST UNDER DECLARATION OF TRUST DATED 01-13-1989 Trustee: CTC REAL ESTATE SERVICES Benefidary: Mortgage Electr9f1iC Registration Systems, Inc., as nominee for Lender: COUNTRYWIDE HOME LOANS, INC., A NEW YORK CORPORATION 11. A Deed of Trust to secure an original indebtedness of $2,000,000.00 recorded April 10, 2007 as Instrument No. 2007-Q239373 of Official Records. Dated: APRIL 3, 2007 Trustor: BRUCE W. GIBBS AND LAUREL C. GIBBS, CQ-TRUSTEES OF THE GIBBS FAMILY TRUST UNDER DECLARATION OF TRUST DATED 1-13-1989 Trustee: RECONTRUST COMPANY, N.A. Benefidary: Mortgage Electronic Registration Systems, Inc., as nominee for Lender: COUNTRYWIDE HOME LOANS, INC. The above deed of trust states that it secures an equity line/revolving line of credit. Westem Resources Title Company c 12. With respect to the trust referred to in the vesting: Order Number: 56163 (MK) Page Number: 4 a. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 13. Statements of information from all parties to the transaction. Western Resources Tide Company c Order Number: 56163 (MK) Page Number: 5 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, induding any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. 1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 5195 Shore Drive, carlsbad, california. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None Western Resources Title Company c Order Number: 56163 (MK) Page Number: 6 SECTION 12413.1, CAUFORNIA INSURANCE CODE, COMMONLY KNOWN AS ASSEMBLY BILL 512, BECAME EFFECTIVE JANUARY 1, 1990. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TinE ENTITY ACTING IN AN ESCROW OR SUBESCROW CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED BY THE ffiLE ENTITY'S ESCROW AND/OR SUBESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. SOME METHODS OF FUNDING MAY SUBJECT FUNDS TO A HOLDING PERIOD WHICH MUST EXPIRE BEFORE ANY FUNDS MAY BE DISBURSED. IN ORDER TO AVOID ANY SUCH DELAYS, ALL FUNDINGS SHOULD BE DONE THROUGH WIRE TRANSFER, CERTIFIED CHECK OR CHECKS DRAWN ON CAUFORNIA FINANCIAL INSTITUTIONS. FOR YOUR CONVENIENCE, THE FOLLOWING IS WESTERN RESOURCES ffiLE COMPANY WIRING INSTRUCTIONS: EAST WEST BANK 1900 AVENUE OF THE STARS LOS ANGELES, CA 90067 ABA ROUTING #322070381 CREDIT WESTERN RESOURCES TinE COMPANY TinE TRUST ACCOUNT #83234005 REFERENCE: Mike Kovacs , ffiLE OFFICER WRTC ORDER NO.: 56163 WHEN THIS ORDER CLOSES AND WESTERN RESOURCES TinE COMPANY HAS CLEARED FUNDS TO DISBURSE THROUGH SUBESCROW, WE WILL DEDUCT FROM LOAN PROCEEDS ALL ffiLE CHARGES, TAXES, WIRE FEES, DEUVERY FEES AND $25.00 PER DEMAND OVER TWO (2), IF ANY. PRIVACY NOTICE (15 U.S.C. 6801 AND 16 CFR PART 313): WE COLLECT NONPUBUC PERSONAL INFORMATION ABOUT YOU FROM INFORMATION YOU PROVIDE ON FORMS AND DOCUMENTS AND FROM OTHER PEOPLE SUCH AS YOUR LENDER, REAL ESTATE AGENT, ATTORNEY, ESCROW, ETC. WE DO NOT DISCLOSE ANY NONPUBUC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMffiED BY LAW. WE RESTRICT ACCESS TO NONPUBUC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION IN ORDER TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE MAINTAIN PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBUC PERSONAL INFORMATION. Western Resources ntle Company Order Number: 56163 (MK) Page Number: 7 LEGAL DESCRIPTION Real property in the aty of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: LOT 10 OF TERRAMAR UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6, 1950. PARCEL 2: THAT PORnON OF LOT nHn OF RANCHO AGUA HEDIONDA, ACCORDING TO PARTillON MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER Of SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 10 OF TERRAMAR UNIT NO. 1, ACCORDING TO MAP NO. 2696 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, ON SEPTEMBER 6, 1950; THENCE SOUTH 59°21'10n WEST TO A POINT ON THE MEAN HIGH TIDE UNE OF THE PAOFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE UNE TO A POINT WHICH BEARS SOUTH 59°21'10n WEST FROM THE NORTHWESTERLY CORNER OF SAID LOT 10; THENCE NORTH 59°21'10n EAST TO THE NORTHWESTERLY CORNER OF SAID LOT 10; THENCE SOUTH 30°38'50" EAST 60 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM PARCELS 1 AND 2 ABOVE, ANY PORnON LYING BELOW THE HIGH TIDE UNE OF THE PACIFIC OCEAN. APN: 210-061-10-00 Westem Resources Title Company EXHIBIT A Order Number: 56163 (MK) Page Number: 8 usr OF PRINTED EXCEPTIONS AND EXCWSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TITLE ASSOCIAnON STANDARD COVERAGE POUCY • 1990 SCHEDULEB EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay cos1s, attorneys' fees or expenses) which arise by reason of: l. Taxes or assessments which are not shown as existing liens by the records d 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 notice r:A such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an Inspection r:A the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachmerts, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining dalms; (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. EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage r:A this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: l. (a) Any law, ordinance or governmental regulation (including bl.t not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment r:A the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Ill) 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 (lv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice r:A the enforcement thereof or a notice r:A 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 paNer 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 Polley. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded in the public records at Date of Polley, but not exduding from coverage any taking which has occurred prior to Date of Polley which would 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 public 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 dairnant and not dlsdosed In writing to the Company by the insured daimant prior to the date the insured daimant became an insured under this policy; (c) resulting In no loss or damage to the insured daimant; (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 daimant had paid value for the insured mortgage or for the estate or interest Insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure r:A 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 the state In which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any dalm, which arises out of the transaction vesting In the insured the estate or interest Insured by their policy or the transaction creating the interest of the insured lender, by reason r:A the operation r:A federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TinE ASSOCIAnoN OWNER'S POUCY FORM B • 1970 SCHEDULE OF EXCWSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not fimited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location~ any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation ~ any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by the insured dairnant; (b) not known to the Company and not shown by the public records but known to the insured dairnant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disdosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured dairnant; (d) attaching or Westem Resources Title Company Order Number: 56163 (MK) Page Number: 9 created subsequent to Date eX 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. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B • 1970 WRH REGIONAL EXCEPOONS When the American Land Title AssociatiOn policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 2 above are used and the following exceptions to coverage appear In the policy. SCHEDULEB This policy does not insure against loss or damage by reason eX the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records d any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or dalms which are not shown by the public records but which could be ascertained by an inspection eX said land or by making inquiry of persons in possession thereof. Easements, dalms of easement or encumbrances 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 public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1970 wnH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (indudlng but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location eX any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect d any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date a Policy or at the date such claimant acquired an estate or Interest Insured by this policy or acquired the insured mortgage and not disdosed In writing by the Insured claimant to the Company prior to the date such Insured claimant became an insured hereunder, (c) resulting In no loss or dcmage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for 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). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date a Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" ICI'NS of the state in which the land Is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1970 wnH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason d the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records d any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. Easements, dalrns of easement or encumbrances 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 public records. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the pubDc records. Western Resources Title Company Order Number: 56163 (MK) Page Number: 10 6. AMERICAN LAND TinE ASSOCIAnON LOAN POUCY-1992 WITH A.L. T.A. ENDORSEMENT FORM 1 COVERAGE EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage r:l this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (Including bit not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment r:l 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 nctlce r:l the enforcement thereof or a notice r:l a defect, Hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Polley; (b) Any governmental pollee power not excluded by (a) above, except to the extent that a notice r:l the exercise thereof or a nctlce r:l 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 PoHcy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights r:l a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded In the public records at Date of Polley, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorde:l 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 loS'S or damage to the Insure:! claimant; (d) attaching or create:! subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the Insure:! mortgage over any statutory lien for services, labor or material or the extent insurance Is afforde:l herein as to aS'>esSments for street improvements under construction or complete:! 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. 4. Unenforceabllity of the lien r:l the Insured mortgage because of the inability or failure r:l the insured at Date of Policy, or the inability or failure of any subsequent owner of the lndebtedneS">, to comply with the applicable "doing business" laws of the state in which the land Is situated. 5. Invalidity or unertorceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidence:! by the insure:! mortgage and is based upon usury or any consumer cre:Jit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an improvement or work relate:! to the land which is contracted for and commenced subsequent to Date of Policy and is not financed In whole or In part by procee:Js of the indebtedneS"> secured by the insure:! mortgage which at Date r:l Polley the insure:! has advance:! or Is obligate:! to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee Insured by this policy, by reason r:l the operation of fe:leral bankruptcy, state insolvency, or similar cre:Jitors' rights laws, that is based on: (i) the transaction creating the interest of the Insured mortgagee being deeme:l a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insure:! mortgagee as a result of the application of the doctrine of equitable subordination; or (Iii) the transaction creating the Interest of the Insured mortgagee being deemoo a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument r:l transfer; or (b) of such remrdation to Impart notice to a purchaser for value or a judgment or lien cre:lltor. 7. AMERICAN LAND TinE ASSOCIAnON LOAN POUCY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard COVerage Policy and not as an ExtendOO Coverage Polley the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SOIEDULEB 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 aS'>esSments which are not shown as existing liens by the records r:l any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertalnec:j by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatente:l mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Western Resources Title Company c Order Number: 56163 (MK) Page Number: 11 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY-1992 EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage m this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinanoes, or regulations) restricting, regulating, prohibiting or relating to (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 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 Date of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for 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 dalmant and not disclosed in writing to the Company by the insured daimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant; (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. 4. Any daim, 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, state insolvency, or similar creditors' rights laws, that is based on: (i} the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent 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 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. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY-1992 wntt REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB 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: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real 2. 3. 4. 5. 6. property or by the public records. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachmerts, or any other facts which a correct survey would disclose, and which are not shown by public records. unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POUCY-1987 EXCWSIONS 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 * land division * improvements on the land * environmental protection Westem Resources Title Company Order Number: 56163 (MK) Page Number: 12 This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Polley Date. This exclusion does not Hmit 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 happened prior to the Polley Date and is binding on you If you bought the land without knowing of the taking. 3. Title Risks: * that are created, aHowed, or agreed to by you * that are known to you, but not to us, on the PoHcy Date -unless they appeared in the pubHc records * that result in no loss to you * that first ctfect your title after the Polley Date -this does not limit the labor and material lien coverage in Item 8 d 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 exdusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE -1998 Covered Risks 14 (Subdivision Law Violation). 15 (BuDding Permit). 16 (Zoning) lllld 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum DoDar Umits of Liability EXCWSIONS 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 ordinances, laws and regulations concerning: 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 enforcement appears in the Public Records at the Polley Date. This exduslon does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes. This Exduslon does not apply to violations of building codes If notice of the violation appears in the Public Records at the Polley Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears In the Public Records at the Policy Date; or b. the taking happened before the Polley Date and Is binding on You If You bought the Land without Knowing of the taking. 4. Risks: a. that are created, aHowed, or agreed to 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 the Policy Date; c. that result in no loss to You; or d. that first occur after the Polley Date -this does not limit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. 5. FClilure to pay value for Your Title. 6. Lack of a right a. to any Land outside the area spedficaHy described and referred to in paragraph 3 of Schedule A; and b. in streets, aHeys, or waterways that touch the Land. This exdusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TnLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage d 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 (induding but not 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 Landi (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 Westem Resources Title Company Order Number: 56163 (MK) Page Number: 13 governmental regulations, except to the extent that a notice rX the enforcement thereof or a notice d 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. 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 exerdse 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded In the Public Records at Date rX Policy, but not exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for 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 Qaimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured aalmant; (d) 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 (e) resulting In loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. 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 the state in which the Land is situated. 5. Invalidity or unertorceability 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, except as provided In Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Polley. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any dalm of invalidity, unenfon::eability or lack of priority of the lien of the Insured Mortgage as to 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 limit the coverage provided in Covered Risk 8. 8. lack of priority of the lien rX the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) 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 it would have been before the mod lficatlon. This exdusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exdusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date rff Policy. SCHEDULER This policy does not insure against loss or damage (and the Company wiH not pay costs, attorneys' fees or expenses) which arise by reason of: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERADON EAGLE LOAN POUCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 12 above are used and the following exceptions to coverage appear In the policy. SCHEDU~B 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: Part One: I. Taxes or assessments which are not shown as existing liens by the records d any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, dalms of easement or encumbrances which are not shown by the public records. 4. DiscrepancieS, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining dairns; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Western Resources Title Company Part Two: Order Number: 56163 (MK) Page Number: 14 I. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Uen Endorsement Incorporated Into this Policy following Item 28 of Covered Risks: None. Westem Resources Title Company .df~.A._ CITY OF ~'CARLSBAD Community & Economic Development NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT www.carlsbadca.gov 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 __ ..:...:N=ov=e=m=b=e:..:..r..:.6L..:, 2=0=1=-2 __ _ Application#: ""'C"'"D,_P-=1.::.2--=1:..=6 ___________ _ Filing Date: July 20, 2012 Case Name: Gibbs Addition Decision Date: October 26. 2012 Applicant: Bruce & laura Gibbs Agent (if different}: N/A Address: 5195 Shore Drive, Carlsbad, CA 92008 Address: "'N""'A'-'---------------- Phone: 760-476-9747 Phone: "'N~A'-'---------------- Project Description: The development of a 200 square foot kitchen addition and a 261 square foot deck expansion on a property currently developed with a single-family home. Project Location: 5195 Shore Drive Carlsbad CA 92008 ACTION: D APPROVED IZI APPROVED WITH CONDITIONS D 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: 0 NOT APPEALABLE TO THE COASTAL COMMISSION. !ZI 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 Municipal Code Chapter 16. Any petition or other paper seeking 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 folfowing the date on which the record is either personalfy 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 Village Drive, Carlsbad, California 92008. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • Complete items 1, 2, and 3. Also 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 C~TAL COMMISSION STE 103 7575 METROPOliTAN DR SAN DIEGO CA~92108-4402 D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type D Express Mail D Certified Mail D Registered D Insured Mail D Return Receipt for Merchandise D C.O.D. 4. Restricted Delivery? Fee) DYes 2. Article Number (Transfer from service label) 7010 1670 0002 4348 2591 PS Form 3811, February 2004 Domestic Return Receipt 1 02595·02·M·1540 o STE 103 8 ~;'~f!;:t;;;,~:; 7575 METROPOLITAN DR 1"-ci~siaie;ZI"P+: SAN DIEGO CA 92108-4402 :11 t STATE OF CALIFORNIA-NATURAL RESOURCES A Y CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 FAX (619)767-2384 www .coastal.ca.gov NOTIFICATION OF APPEAL PERl DATE: November 8, 2012 TO: Chris Decerbo City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 FROM: Kanani Brown, Coastal Program Analyst RE: Application No. 6-CII-12-161 EDMUND G. BROWN, JR., Governor CITY OF CARLSBAD NOV 09 2012 Please be advised that on November 7, 2012 our office received notice of local action on the coastal development permit described below: Local Permit#: COP 12-16 Applicant(s): Mr. & Mrs. Bruce And Laura Gibbs Description: Additions to existing single-family home, including 200 sq. ft. kitchen addition and 261 sq. ft. deck expansion. Location: 5195 Shore Drive, Carlsbad -Mello li (San Diego County) Unless an appeal is filed with the Coastal Commission, the action will become final at the end of the Commission appeal period. The appeal period will end at 5:00 PM on November 26, 2012. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. cc: Mr. & Mrs. Bruce And Laura Gibbs £CALIFORNIA COASTAL COMMISSION ,;. (~CITY OF ~CARLSBAD 0 0 Community & Economic Development DATE: July 24, 2012 ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION APPLICATION NUMBER: CDP 12-16 FILE COPY 7·a'f.J,;, www.carlsbadca.gov PROJECT DESCRIPTION: Improvements to an existing single-family home that includes a 200 square foot kitchen addition and a 210 square foot deck. LOCATION: 5195 Shore Drive APN: 210-061-10-00 The proposed development is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will only be held upon written request, within 15 working days from the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The City Planner will determine this application 15 working days after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Chris Garcia, at the City of Carlsbad Planning Division, (760) 602-4622, Monday through Thursday -7:30 a.m. -5:30 p.m., or 8:00a.m. -5:00p.m. Friday. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 160-602-4600 F 760-602-8559 • Complete Items 1, 2, and 3. Also 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 D. Is delivery address different from Item If YES, enter delivery address below: 3~. cel}rpe . Mall .~M811 . I c Reglaterad ~Reaaiptfor~ C Insured Mall C C.O.D. 4. Restricted 2. Article Number (Transfer from service label) 7010 2780 DODD 8476 8703 PS Form 3811, February 2004 Domestic Return Receipt 10259!Hl2-M-tW. Certified Fee CJ CJ 0 Return Receipt Fee r------~ 0 (Endorsement ReqUfred) Restncted Delivery Fee r------~ Postmark Here 7·-J'f·/~ 0 (Endorsentent Required) ~ CDP-. "~ /. f1.J Total Postege • 0 ~ ~j ~IO'V o:; California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 RECEIVED JUL 2 0 2012 CITY OF CARLSBAD PLANNING DIVISION ~0 2\ ~----='""" 39 38 _.. ____ .......,_, _____ ~..,_ 22 23 Sf-! OA E fJS 15 37 24 bO 66 14 13 -----------~-··----- LOT ~U~\f!J,~S \Airf~l t-.'l \001 ~A\li0S, 11 1 11.,~5,'2.t.P, t. 7, 2~,S,ct 36 o5 3LJ -----........-~~ _, ..... ~----- 25 '-+--~ ,/ ( DR, i "' f -.: 0 1.60 '0 IVZ. I } 10 " \ S!95 S~DK~ DR. 33 32 31 ••--·•""•-·o·~~---"" -~--·"-'"•--""" ~(~ ..,. J ,..~ 8 c... -7-----·-~-~---~ ' '0 0~ 9 B 60 .5"5 7 f'J\,\? l!t.o~tE.: ""A."' wa. 1 ?..G.~.--· \fJ~lOAt't'\A~ Ut.li:T t·~tt.)-i:,. ""''' P6~Ttpu c.~. b,g;:t.--~-tA~L~ A.t:.,oA -----'" 44£~ lot-HlA I 2 3 Memorandum October 17, 2012 To: From: Subject: Chris Garcia, Project Planner David Rick, Project Engineer COP 12-16 GIBBS ADDITION The engineering department has completed its review of the project. The engineering department is recommending that the project be approved, subject to the following conditions: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Fees/ Agreements 12. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 13. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices Community & Economic Development-Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 15 .. -·.'-' or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 35. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 39. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Page 2 of 15 <(~~', C I T Y 0 F ~CARLSBAD Memorandum August 7, 2012 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: COP 12-16 GIBBS ADDITION COMPLETENESS AND ISSUES REVIEW Land Development Engineering has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Please submit a completed Stormwater Standard Questionnaire. The form can be printed from http://www.carlsbadca.gov/engineering/chklstpdf/stormwater-gstnn.pdf. 2. Please revise the site plan per the attached red lined comments. If you or the applicant has any questions, please either see or contact me at 602-2781. Q~ DAVID RICK Associate Engineer Land Development Engineering Attachment: redlined plans Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: ~G~ib~b~s~A=d~di~tio~n~------------------------------------~ BUILDING ADDRESS: _5=-1:....::9...::.5-=S:..:...;h...::.o:....::re;_:D=..:.r..:....:.iv...::.e ____________________________________ ~ PROJECTDESCRIPTION: ~S~F~D~A~d~d~H=io~n----------------------------------~ ASSESSOR'S PARCEL NUMBER: 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: D. Fieri Date: 8-6-12 ATTACHMENTS COMMENTS DENIAL Please see the attached report of deficiencies marked with l 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: ---------------Date: By: Date: --------------- By: ---------------Date: FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 Note to Staff: No additional comments, no re-submittal required for FIRE to consider this submittal complete. CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JULY 23, 2012 PROJECT NO(S): COP 12-16 REVIEW NO: 1 --------------------------------------~ PROJECT TITLE: GIBBS ADDITION APPLICANT: BRUCE AND LAUREL GIBBS TO: [gl land Development Engineering D Police Department-J. Sa sway [gl Fire Department-Greg Ryan [gl Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District D landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-land Management D Caltrans (Send anything adjacent to 1-5) D 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 08/10/12. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: f.t/tNS /;UIU, (3~ ffi;!§WRJ /¥-GP8/57tf.IIC1lt~ > PBI6N Wife# PBJ41~ vJ)VS(rU{Cl?n-l tJF<JhurA.J~r~o- ~ 4 f3.M 7 717{KJ 7lJ TJ/8 (JUJUJ/IIFt/ /)11//.QefJV &-f<. ~IAN ~c__ r • I _ Si nature Date PLANS ATTACHED Review & Comment 05/11 c CITY OF CARLSBAD FlLE COPY REVIEW AND COMMENT MEMO DATE: JULY 23, 2012 PROJECT NO(S): _C.:_D:_P_1_2_-1:_6 _____________ REVIEW NO: _1 __ ---1 PROJECT TITLE: GIBBS ADDITION APPLICANT: BRUCE AND LAUREL GIBBS TO: IZ! Land Development Engineering 0 Police Department-J. Sa sway IZ! Fire Department-Greg Ryan IZ! Building Department-Will Foss 0 Recreation -Mark Steyaert 0 Public Works Department {Streets)-Nick Roque 0 Water/Sewer District D Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans {Send anything adjacent to 1-5) D 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 08/10/12. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS:. _________________________ _ Signature Date PLANS ATIACHED Review & Comment 05/11 Planning Division August 30, 2012 Bruce & Laurel Gibbs 5195 Shore Drive Carlsbad, CA 92008 SUBJECT: CDP 12-16-GIBBS ADDITION LJ FILE www.carlsbadca.gov Congratulations, your project application was deemed complete on August 8, 2012, and the City has determined on August 30, 2012 that the project is exempt from CEQA. In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), an administrative decision to approve or deny the project must be determined by October 29, 2012. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by October 15, 2012. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. Should you have any questions regarding an application extension or withdrawal, please contact Chris Garcia at 760-602-4622 or by email at chris.garcia@carlsbadca.gov. DON NEU, AICP City Planner c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry T 760-602-4600 F 760-602-8559 _4(~~ CITY OF VcARLSBAD Planning Division August 30, 2012 Bruce & Laurel Gibbs 5195 Shore Drive Carlsbad, CA 92008 fiAcu_W gJ-;t/12- DfllE www.carlsbadca.gov SUBJECT: COP 12-16 -GIBBS ADDITION -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 Categorical Exemption for New Construction or Conversion of Small Structures-State Guidelines Section 15303. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 or chris.garcia@carlsbadca.gov. DON NEU, AICP City Planner ON: CG:bd c: Chris DeCerbo David Rick, Project Engineer File Copy Data Entry T 760-602-4600 F 760-602-8559 _4~.A.. C I T Y 0 F VcARLSBAD Planning Division August 8, 2012 Bruce & Laurel Gibbs 5195 Shore Drive Carlsbad, CA 92008 SUBJECT: 1ST REVIEW FOR COP 12-16-GIBBS ADDITION (\WJ!d <6\ ~ \ \V F\LE COPY www.carlsbadca.gov Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Coastal Development Permit, application no. CDP 12-16, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 3 complete sets of the revised development plans so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622,. 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: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. • Fire Department: Dominic Fieri, Fire Inspections, at (760) 602-4665. DON NEU, AICP City Planner CD:CG:bd c: Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry T 760-602-4600 F 760-602-8559 '-" CDP 12-16-GIBBS ADDITION August 8, 2012 Page 2 Planning: ISSUES OF CONCERN 1. On Sheet A-1, please provide the following: a. The name, address and phone number of the registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. b. The existing zoning (R-1) and General Plan Land Use designation (RLM/OS). 2. Please show the westerly portion of the lot on the site plan and include any existing structures or improvements including existing slope protection. Please provide references to any coastal development permits or approximate date of construction for these improvements. 3. The string line exhibit which is based off an aerial photo is inadequate. Please provide a new surveyed string line exhibit that accurately depicts the string line from the closest decks and add a main structure string line. The string line should be shown on Sheets A1, A2, A3, A4 and any other applicable areas in addition to the separate string line exhibit. Please see the attached plans for examples of acceptable and accurate string line exhibits. Engineering: 1. Please submit a completed Stormwater Standard Questionnaire. The form can be printed from http://www.carlsbadca.gov/engineering/chklstpdf/stormwater-qstnn.pdf. 2. Please revise the site plan per the attached red lined comments.