HomeMy WebLinkAboutCDP 13-22; Porter Residence; Coastal Development Permit (CDP)• ·4~ "' •. ~ CITY OF
CARLSBAD
APPLICATIONS APPLIED FOR: (CHECK BOXES)
D USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
DeveloQment Permits (FOR DEPT. USE ONLY) Legislative Permi!J. (FOR DEPT. USE ONLY)
D Administrative Permit 0 General Plan Amendment
~ Coastal Dctvelopment Permit (*) 0 Minor ~2~~:::1 D Local Coastal Program Amendment (*)
D Conditional Use Permit (*) D Master Plan 0Amendment 0 Minor 0 Extension
D Environmctntal Impact Assessment 0 Specific Plan 0Amendment
D Habitat Management Permit 0 Minor 0 Zone Change (*)
D Hillside Development Permit(*) 0 Zone Code Amendment
D Planned Development Permit
0 Residential 0 Non-Residential South Carlsbad Coastal Review Area Permits
D Planned Industrial Permit D Review Permit
0 Administrative 0 Minor 0 Major ~
D Planning Commission Determination NC.P .~.~. --,.., ' ... -
D Site Development Plan Village Review Area Permits
D Special Use Permit 0 Review Permit
0 Administrative 0Minor 0 Major
D Tentative Tract Map/Parcel Map
D Variance 0 Administrative (*) = eligible for 25% discount
NOTE: A PROPOSE!D PROJECT REQUIRING MULTIPLE APPLICAnONS MUST BE SUBMITIED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 210 -0'2..0 -Ol
--~~~~--~~----------------------------------
PROJECT NAME: __ '1/or;~l-w~i!...._..J:tto:u.!.lyyp_~~~'-----.----.-..,.-,------------
BRIEF DESCRII'>TION OF PROJECT: .--"1\iL'"'""',_,d~. ,_,{ (e"-'tl>:::;cP"'-;--7~~-'CE-'---~~"--'e.ps..C"'-f.:o-'7!~>+;borre,.._,..':!..!..<«----------
: C'€tf.ilde\ ~? t +3kter\l I &-A.tl i<i E ¢-q6 cLe£1L1;1
BRIEF LEGAL DESCRIPTION:
LOCATION OF i'>ROJECT:
STREET ADDRESS
ON THE: SIDE OF lle.'rk-1&\ {!).ro
(NORTH, SOUTH, EAST. WEST) (NAME OF STREET)
BETWEEN AND
(NAME OF STREET) (NAME OF STREET)
tf>/16068
P-1 PaQe 1 of6 Revised 11/12
' ' ) •
OWNER NAME (Print):
MAILING ADDRESS: ~ TtMA= ~~ cy-o
CITY,STATE,ZIP: . Vw"!h~~!:ZroB
TELEPHONE: Cft,l...-J1$g=O:.......-:ft[..l.:;•4=":-~~!::..!~ffl"'-_ ___,_,.--
EMAILADDRESS: 'fo ~A \IJOY~INj'l:Nc...e'f1'htt?6l,
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL
INFORMATION IS TRUE AND CORRECT TO THE
• P9r
MAILING ADDRESS: ------------------+-----------------------CITY. STATE. ZIP:
TELEPHONE:
EMAIL ADDRESS:
R~~~~~THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR ;r MEMBERS TO INSPECT ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPUCATION. 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
;(NDo::;::y-p%1fl&:~ !
(/PROPERTY OWNER SIGNATURE#"'?"/
FOR CITY USE ONLY
P-1 Page 2 of6
DATE
RECE\VEO
JUL \ 9 21}13
CITY OF CARLSBAD ~~0141¥!§~6'1
RECEIVED BY:
Revised 11112
------------
<<~~· ¥ CITY OF
MINOR COASTAL
DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD P-6
I
A proposed project requiring multiple applications must be 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 a/so be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
:::) New Residential Square Footage:
=---:--:----:-:-:--:-:--::-:-square feet x $ /sq. ft. = $. ________ _
:::) Residential Addition Square Footage:
I wfb¥:> square feet x $ /sq. ft. = $ ________ _
:::) Any Garage Square Footage:
=-----:----:7--:--::--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) 0
2. A Coastal Development Permit ($60,000 or more cost estimate) g
C. Street address of proposed development
?o40 =v-ecv* "De-\ 0<-o
P-6 Page1 of6 Revised 05/12
• D. Assessor's Parcel Number of proposed development
2.1o-0-t.o-o\
•
F. Describe the present land uses (i.e. vacant land, single family homes, apartments,
offices, etc.) that surround the proposed development to the:
North:_..f::;;.1S\=::.l.l--------------------
South: _ ___.'-'-__.""'-----------------------
East: __ _._"""'......,"'----------------------
West: __ """"___.:___ ______________________ _
G. Is project located within a 100-year flood plain? DYes ~No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? (SJ:yes D No
If yes, please describe. €x.\~ <?rD
B. Will any existing structure be removed/demolished? DYes ~No
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans).
Ill. LOT COVERAGE
A. Existing and Proposed
Existing Proj;!osed Total
Building Coverage 20io1 sq. ft. _ '2.43 sq. ft. 1-2:. lO sq. ft. ~I %
Landscaped Area 41~5 sq. ft. <.. '2-~~q. ft. 3&1<-sq. ft. ?? %
Hardscape Area 6.!0 sq. ft. e::q£'-2 sq. ft. 120€> sq. ft. !Co %
Unimproved Area (Left Natural) ¢ sq. ft. <Z5 sq. ft. ----j£.-sq.ft. 4-% •
B. Parking: Number of existing spaces
Number of new spaces proposed --=0=------
Existing/Proposed TOTAL: "2--
Number of total spaces required __ "2..=-='------
Number of covered spaces "Z-
Number of uncovered spaces c¢
Number of standard spaces "2-.
P-6 Page 2 of6 Revised 05/12
P-6
• Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
•
DYes # __ 13No
D Yes # __ 12fNo
C. Grade Alteration:
Is any grading proposed'? D Yes ~No
If yes, please complete the following:
1. Amount of cut cu. yds.
2.
3.
4.
5.
6.
Amount of fill _________ ""'-________ cu. yds.
Maximum height of fill slope feet
Maximum height of cut slope feet
Amount of import or export , Pf: cu. yds.
Location of borrow or disposal site ------7!---l-::::...._ __________ _
Page 3 of6 Revised 05/12
~ •' .. ,, ' ~.-..
. ·~ CITY 0 F
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECTNAME: _____ 11~nr~~toL~~hk?~fh~e----------------------
APPLICANT NAME: (3CIP0\4: (A/ Q{~f :J
Please describe fully the proposed project by application t;. 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 07110
-------------------------------------
«~?i
~ CITY OF
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov 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 i!!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
PROPERTY OWNER
Name: f<rh.2 ± :fOAN cfo~
Address: §?1-Q Tfectf? eel Dw
Gtrlb
Phone Number: ?wo 1·2-q -zgt, 7
Address of Site: 0o4:Q lj'€'{( ~ (?eJ} ()(Q . f&r \J;~ W Cl:zoc.:O
'_A I ' I
Local Agency (City and County): C.!XCI&JY".W.: 1 741N '01 -e ~f cO\!)~~
Assessor's book, page, and parcel number: _ _,2::.l...,0.::_-__:6_-zo=:....--!:0:....'7L-----------
Specify list(s): ___________________________ _
~ Regulatory Identification Number: _____________________ _
Date of List:_-===--------------------------
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 02/13
. . • •
-~ ··\ .... '--,:; ~ CITY OF
DISCLOSURE
STATEM-=NT
P-1(A)
Development Services
Plannlnc Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD •
Applicant's statement or disclosure of certain own!irship interests on all applications which will
require discretionary aCtion on the part of the City Qouncil or any appointed Board, Commission
or Committee. ·
The following information Mll§I be disclosed at th• time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note: ,
Pel'llon is defined as •Any Individual, finn, co-partnetshiJl, joint venture, assaciallon, aocial club, fraternal
organization, corporation, eetate, trust. receiver, syndlcat!IJ, In !hill and any other county, city and county,
city municipality, district or other political subdivision or ar1Y other group or combination acting as a unil. •
•
Agent$ may sign !hill document; however, the legal n~ and entity of the applicant and property owner
niuat be proVided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the appjicant includes a corporation or partnershiP.
include the names, titles, addressas of all individuals owning more than 1 0% of the
shares. IF NO INDIVIDUALS OWN MORE!THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN njtE SPACE BELOW. If a oybfjcly-owned
corooratlon, include the names, tittes, and ! addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person fxwk7 wo(Mlr!~ Corp/Part'----------
Title ~~tw! Cerl~~ T'llte ________ _
Address !]~1()1j. ~(A-Address. _________ _ I I ·
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE. LEGAL names an~ addresses of All persons having any
ownership Interest in the property lnvol~. Also, provide the nature of the legal
ownership (i.e .• partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corooratlon or partnership, include the names, titles, addressas of
all individuals owning mons than 10% of the sjlares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE IND)CATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-Owned con:)oration, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
' Person ~?7-l "!o.o\r-1 ~Jv C~rp/Part. ________ _
Trtle OwNer-? Title·-----------
Address r::tl4-o]lerr..t \Del C.W Address'------------
1/J«I-b'ba! l Od • 'luoe>
Page 1 of2 Revised 07110
• • •
3. NON-PROFIT ORGANIZATION OR TRUS'(
If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of A!f! person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust jNon ProfiVTrust, ________ _
Title !rrtle. ___________ _
Address. ________ _ f\ddress _________ _
4. Have you had more than $500 worth of bu11iness transacted with any member of City
staff, Boards, Commissions, Committees ~nd/or Council within the past twelve (12)
months? !
0 Vas D;QNo lfyas, please indicate:person(s): _________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and cor$cl to the best of my knowledge.
Signature of owner/applicant's agerlt If applicable/dat~
Print or type name of owner/applicant's agerlt
P-1(A) Page2ot2 Revised 07/10
.... •
HCQRDINQ REQJIESTFP RY
Ticor Title Company of California
AND WHEN RECORDED MAIL TO:
Joan D. Cook Separate Property T~
7040 Avenida Encinas #104-369
Carlsbad, CA 92011
OKDERNO.: 73713003717 /,'
ESCROWNO.: 00165107-016-LV /f :
\
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
IJunincorporated area
X the City of Carlsbad
Parcel No. 210-020-07-00
• DOC# 2013-0374724
111111111111 UIIIJIII ~Ill IIIII IIIII IIm ~1111111111111 ~11111111111
JUN 14, 2013 8:00 AM
OFFICIAL FIECOAOS
E SAN DIEGO COUNTY RECORDER'S OFflCE
•ne•t J. Dro,.,nburg.Jr .• COUIHY RECORDER
FEES: 1772.50 03544 DC PAGES: 2
IIIMIIIIliJWIIIIIIIIIIIIIIIIIIII
SPACE ABOVE TillS LINE FOR RECORDER'S USE
GRANT DEED
Documentary Transfer Tax is $1,754.50 City Tax is$ 0.00
X computed on full value of interest or property conveyed, or
0 full value less value ofliens or encumbrances remaining at the
time of sale
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
Michael Radogna and Beverly D. Radogna, Trusteea of the Radogna Family Trust dated June 2, 1992
hereby GRANT(s) to
Joan D. Porter, Trustee of the Joan D. Cook Separate Property Trust, dated May 15, 1981
the following real property in the City of Carlsblld County of San Diego, State of Califurnia:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dated: May IS, 2013
The Radogna Family Trust dated June 2, 1992
"}l.;t-{ .. l;z_,z ;r.;P'
~~FO~LIFO~~.r? /,)i.ep } ss:
On M t1.. '). 3 :}0 f:?> before me,
a Notary Public, personally appeared .c... .,.... ()...
who proved to me on the basis of satisfactory evidence to be e person(s)whose name(s) i e subscribed wilhin instrument
and acknowledged to me that b.e/she/they executed the same in his/her/their authorized capacity(.ies) and that hy his/her/their
signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execnted the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NUULTAXSTATEMENTSASDIRECTEDABOVE
Page 1 GIWITDEE
... •
For APN/Parcel ID{s): 210.020..{}7
Parcel1:
EXHIBIT"A"
Legal Description
•
3545
Lot 7 of Tierra Del Oro, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 3052, filed in the Office of the County Recorder of San Diego County, February 4, 1954.
Parcel2:
An easement for ingress and egress to the Pacific Ocean area lying below the mean high tide line as from
time to time officially estabUshed by U.S. Government Survey over the Northerly 3 feet of Lot 10 and the
Southerly 3 teet of Lot 11 of T~erra Del Oro, in the City of Carlsbad, County of san Diego, State of
California, according to Map thereof No. 3052, filed in the Office of the County Recorder of San Diego
County, February 4, 1954, established by that certain instrument recorded April 14, 1972 as File No.
93051, Official Records.
CL TA Preliminary Report Form~ Modffled (Adopted: 11. 17.2006) Pftnted: QC5.07.13 i 11:~'111
CA-CT .FWDQ-0218Q.O!i682D-SP5-1-13-7-371 3005717
-------------~--~-----------
' •
CIDCAGOTITLE
COMPANY
Linda Villa
Ticer Title Company Of California
57 40 Fleet Street, Suite 130
Carlsbad, CA 92008
Please be advised Item No. 5 has been deleted.
Sincerely,
~~
Patty Meredith
Title Officer
patty.meredith@ctt.com
Blank Letter-Title
SSCORPD0295.doc I Updated: 08.26.10
Date:
Ref. No.:
Order No.:
Borrower:
Seller:
Property:
Page 1 of1
•
ClOP 1'3-d-?--
236s Northside Drive, Suite 600
San Diego, CA 92108
Phone: (619)521-3500 I Fax: (619)521-3636
May 13, 2013
00165107-016-DJ
73713003717 -PM
Joan D. Cook Separate Property Trust
Radogna Family Trust
5040 Tierra Del Oro Street
Carlsbad, CA 92008
Printed: 05.13.13@05:31PMbyPM
--73713003717
•
PRELIMINARY REPORT FORM
Issued By:
CIDCAGOTITLE
COMPANY
•
Prelim Number:
73713003717
Revision: 1
In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that
it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land
and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to
the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exdusions from the coverage and Limitations on Covered Risks of said policy or policies are
set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is
less than that set forth in the arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company
or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowne~s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for
certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available
from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The policy(ies) of title insurance to be issued hereunder will be policy(ies) of Chicago Title Insurance Company, a
Nebraska corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment
One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the tenms of the title insurance policy and should be carefully considered.
It is Important to note that this preliminary report is not a written representation as to the condition of title and
may not list all liens, defects and encumbrances affecting title to the land.
Countersigned By:
Authorized Officer or Agent
CLTA Preliminary Report Form-Modified (Adopted: 11.17.2006}
Chicago Title Insurance Company
By:
Attest:
President
Secretary
Printed: 05.07.13@11:25AM
CA-CT -FWD0-02180. 055820-S PS-1-13-73713003717
•
CHICAGO TITLE COMPANY
ORDER NO. 73713003717
: Patty Meredith
Chicago Title Company
2365 Northside Drive, Sutte 600
San Diego, CA 92108
Phone: (619)521-3449 Fax: IA1!~\~:1R-1671
Main Phone: (61 Q\~21-35!10
I
Property Address(es): 5040 Tierra Del Oro Street, Carlsbad, CA 92008
Effective date: May 1, 2013 at 07:30AM
•
PRELIM NO. 73713003717
REVISION: 1
Ticer Tttle Company Of Califom.ia
57 40 Fleet Street, Suite 130
Carlsbad, CA 92008
Main Phone: (760)602-9442
Email: doug.jones@ticortitle.com
The form of Policy or Policies of Title Insurance contemplated by this Report is:
ALTA Homeowne~s Policy of Title Insurance 2010
ALTA Loan Policy 2006
1. The estate or interest in the land hereinafter described or referred lo covered by this Report is:
A Fee as to Parcel(s) 1 Easement(s) more fully described below as to Parcel(s) 2
2. Title to said estate or interest at the date hereof is vested in:
Michael Radogna and Beverly D. Radogna, Trustees of the Radogna Family Trust dated June 2, 1992
3. The land referred to in this Report is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
CL TA Preliminary Report Form-Modified (Adopted: 11.17.2006) Printed: 05.07.13@ 11:25AM
CA-CT -FWD0-021 80. 055820-SPS-1-13-737130037 1 7
•
For APN/ParceiiD(s): 210-020-07
Parcel1:
EXHIBIT "A"
Legal Description
•
Lot 7 of Tierra Del Oro, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 3052, filed in the Office of the County Recorder of San Diego County, February 4, 1954.
Parcel2:
An easement for ingress and egress to the Pacific Ocean area lying below the mean high tide line as from
time to time officially established by U.S. Government Survey over the Northerly 3 feet of lot 10 and the
Southe~y 3 feet of lot 11 of Tierra Del Oro, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 3052, filed in the Office of the County Recorder of San Diego
County, February 4, 1954, established by that certain instrument recorded April 14, 1972 as File No.
93051, Official Records.
CLTA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 05.07.13@ 11:25AM
CA-CT -FINDD-02180, 055820-SPS-1-13-73713003717
l
•
CHICAGO TITLE COMPANY
•
PRELIM NO. 73713003717
REVISION: 1
AI the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be
as follows:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2013~2014.
2. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
210-020-07-00
2012-2013
$1,466.93 paid.
$1,466.93, open, delinquent
$156.69 (Due after April1 0}
$7,000.00
09000
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with
Section 75} of the Revenue and Taxation Code of the State of California.
4. Easement(s) or right(s) of way for the purpose(s) shown below and rights incidental thereto, as granted and/or
reserved in various deeds of record:
Purpose: Ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto
over, under, along and across the easement parcel(s} herein described.
Affects: Parcel 2
5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or
genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law, as set forth in the document
Rec:ording Date: February 4, 1954
Rec:ording No.: in Book 5132, Page 44 Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage
or deed of trust made in good faith and for value.
Modification(s} of said covenants, conditions and restrictions
Recording Date: February 13, 1958
Recording No.: in Book 6948, Page 511 Official Records
6. Easement(s) for the purpose(s} shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Affects:
San Diego Gas & Electric Company
public utilities and incidental purposes
June 14, 1955
in Book 5679, Page 367 Official Records
the route thereof affects a portion of said land and is more fully described in said document.
Cl TA Preliminary Report Fonn-Modified (Adopted: 11.17.2006) Printed: 05.07.13 @ 11 :25AM
CA-CT -FVVD0-02180.055820-SPS-1-13-73713003717
•
CHICAGO TITLE COMPANY
7. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
$30,000.00
January 23, 2013
•
PRELIM NO. 73713003717
REVISION: 1
Trustor/Grantor
Trustee:
Michael Radogna and Beverly D. Radogna, husband and wife, as joint tenants
First Assurance Trust Deed Services
Beneficiary: U.S. Bank National Association
Loan No.: not shown
Recording Date: February 1, 2013
Recording No.: 2013-0071382 Official Records
The Deed of Trust set forth above is purported to be a "Credit Line" Deed of Trust. It is a requirement that the
Trustor/Grantor of said Deed of Trust provide written authorization to close said credit line account to the Lender
when the Deed of Trust is being paid off through the Company or other Settlement/Escrow Agent or provide a
satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing.
8. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to
grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions
of the trust instrument.
If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust
Certification pursuant to California Probate Code Section 18100.5.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
This Company will require a full copy of the trust agreement and any amendments thereto.
9. Any rights, interests or claims, which are not shown by the public records but which could be ascertained by an
inspection of the Land or which may be asserted by persons in possession thereof.
END OF EXCEPTIONS
NOTES
1. Note: The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated
judgments entered in actions filed by both the Attorney General and private class action plaintiffs, for the herein
described Land.
2. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association
provides a copy of a declaration, governing document or deed to any person, California law requires that the
document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at
least 14-point bold face type and may be stamped on the first page of any document provided or included as a
cover page attached to the requested document. Should a party to this transaction request a copy of any
document reported herein that fits this category, the statement is to be included in the manner described.
CLTA Preliminary Report Form-Modified (Adopted: 11.17.2006) Printed: 05.07.13 @ 11 :25AM
CA-CT -FIND0-02180.055820-SP$..1-13-73713003717
•
CHICAGO TITLE COMPANY
•
PRELIM NO. 73713003717
REVISION: 1
3. If this company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989
mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold period for
cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks
require a hold period of from two to five business days after the day deposited. In the event that the parties to the
contemplated transaction wish to record prior to the time that the funds are available for disbursement (and
subject to Company approval), the Company will require the prior written consent of the parties. Upon request, a
form acceptable to the company authorizing said early recording may be provided to Escrow for execution.
Wire Transfers
There is no mandated hold period for funds deposited by confirmed wire transfer. The Company may disburse
such funds the same day.
Chicago Title will disburse by Wire (Wire-out) only collected funds or funds received by confirmed Wire (Wire-in).
Wiring Instructions for Chicago Title Company, San Diego, CA, are as follows:
Receiving Bank:
ABA Routing No.:
Credit Account Name:
Credit Account No.:
Escrow No.:
Union Bank
1980 Saturn Street
Monterey Park, CA 91755
122000496
Chicago Title Company
9101051077
73713003717
These wiring instructions are for this specific transaction involving the Title Department of the San Diego office of
Chicago Title Company. These instructions therefore should not be used in other transactions without first
verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated.
Any extraneous information may cause unnecessary delays in confirming the receipt of funds.
4. Any documents being executed in conjunction with this transaction must be signed in the presence of an
authorized Company employee, an authorized employee of an agent, an authorized employee of the insured
lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met,
please call the company at the number provided in this report.
5. Your application for title insurance was placed by reference to only a street address or tax identification number.
Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you
requested. If the legal description is incorrect, the seller/borrower must notify lhe Company and/or the settlement
company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any
documents to be recorded in connection with this transaction and on the policy of title insurance.
6. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): All Parties
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and examination of title under this
order. Any title search includes matters that are indexed by name only, and having a completed Statement of
Information assists the Company in the elimination of certain matters which appear to involve the parties but in
fact affect another party with the same or similar name. Be assured that the Statement of Information is essential
and will be kept strictly confidential to this file.
CL TA Preliminary Report Fonn ~Modified {Adopted: 11.17.2006) Printed: 05.07.13@ 11:25AM
CA-CT -FVJDO.Q21 80.055820-SP 5-1-13-73713003717
··_c.rr
•
CHICAGO TITLE COMPANY
•
PRELIM NO. 73713003717
REVISION: 1
7. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are
as follows:
Grantor:
Grantee:
2, 1992
Recording Date:
Recording No.:
Michael Radogna and Beverty D. Radogna, husband and wife, as joint tenants
Michael Radogna and Beverty D. Radogna, Trustees of the Radogna Family Trust dated June
February 4, 2013
2013-0074301 Official Records
8. Note: The Company is not aware of any matters which would cause it to decline to attach Cl TA Endorsement
Form 116 indicating that there is located on said Land a single family residence , known as 5040 Tierra Del Oro
Street, Cartsbad, CA, to an Extended Coverage Loan Policy.
9. Note: None of the items shown in this report will cause the Company to decline to attach Cl TA Endorsement
Form 100 to an Extended Coverage Loan Policy, when issued.
END OF NOTES
CLTA Preliminary Report Form-Modified (Adopted: 11.17.2006} Printed: 05.07.13@ 11:25AM
CA-CT -F'MJ0-02180, 05582ChSPS-1-13-73713003717
l
• •
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and
also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date-unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 6 of Covered Title Risks
4. FaUure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from:
1. Any rights, interests, or claims of parties in possession of the land not shown by the public records.
2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 6 of Covered Title Risks.
3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced
removal coverage in Item 12 of Covered Title Risks.
4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records.
Attachment One (07/26/1 0)
•
ATTACHMENT ONE
(CONTINUED)
•
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation {including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the 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 Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value 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 claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant:
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this policy.
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 the 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 claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the
interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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 the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title
to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the Publfc Records.
Attachment One (07/26/1 O)
...• -·
•
ATTACHMENT ONE
(CONTINUED)
•
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the 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 taws, 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 Policy.
2. Rights of erninent domain unless notice of the exercise thereof has been recorded in the public records at Date of Polley, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, lieos, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not kn()wn to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resutting in no loss or damage to the insured claimant;
(d} attachihg or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the JJen of the insured mortgage
over afly statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements
under eonstruction or completed at Date of Policy): or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
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 unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured l
mortgage Bl'ld is based upon usury or any consumer credit protection or truth In lending law.
6. Any statuto !)I 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 related to the land which is contracted for and commenced subsequent to Date of Policy
and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has
advanced or is obligated to advance.
7. Any claim, Which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the trahSaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured 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 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.
The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage.
In addition I() the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following
Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or a'sessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or llot shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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 the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title
to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or tight to a lien for services, labor or material not shown by the Public Records.
Attachment One (07/26/1 0)
•
ATTACHMENT ONE
(CONTINUED)
•
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly ~xcluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision oflantl; or
(iv) environmental protectton;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1{a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumet1, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or daml!lge to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13,
or 14); or
(e) resulting In loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceabifity of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing·business laws
of the state where the Land is situated.
5. Invalidity or unenforceabitity in Whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury or any consumer credit protection or truth-in·lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien
of the Insured Mortgage, is
(a) a fraudulent conveyance ot fraudulent transfer, or
(b) a preferential transfer for ahy reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real eshste taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered
Risk 11 (b).
The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following
Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a} Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the re~rds of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that
may be asserted by persons in ):)ossession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title
to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
Attachment One (07126110}
•
ATTACHMENT ONE
(CONTINUED)
•
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expre!i;sly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason ot
1. {a) Any law, ordinance or governmental regulation {including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the 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 pollee 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 ~suiting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of 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, assl.lmed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or darnage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by
this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state in:solvency, 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
(li) 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 recordatiC>n to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the
following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxe$ or assessments on real
property or by the public ~cords. Proceedings by a public agency which may result In taxes or assessments, or noUces of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or
which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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 the public records.
5. (a) Unpatented minllg clairns; (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.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
Attachment One (07/26/10)
•
ATTACHMENT ONE
(CONTINUED)
•
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. {a) Any law, ordinance~ permit, or governmental regulation {including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by 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 disdosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and
10); or
(e) resulting in loss or ~amage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction vesting the Title
as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 ofthis policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the
following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that
may be asserted by persons In possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining ~aims; (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.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
Attachment One (07/26/10)
I
•
ATTACHMENT ONE
(CONTINUED)
•
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22.{)3)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22.{)3)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations
concerning:
a. building
b. zoning
c. Land use
d. improvements on Land
e. land division
f. environmental protection
This Exdusion 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 Policy Date.
This Exclusion does not limit the coverage described fn 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 Exclusion does
not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. notice of exerCising the right appears In the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, 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 Policy Date-this does not limit the coverage described in Covered Risk 7, B.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability
shown in Schedule A
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Your Deductible Amount
1. 00% of Policy Amount
or
$2.500.00 (whichever Js less)
1...QQ% of Policy Amount
or
$5.000.00 (whichever is less)
1.00% of Policy Amount
or
$5.000.00 (whichever Is less)
1.00%of Policy Amount
or
$2 500.00 (whichever ls less)
Our Maximum Dollar Limit of Liab~itv
$10.000.00
$25 000.00
$25 000.00
Attachment One (07/26/1 0)
l
•
ATTACHMENT ONE
(CONTINUED)
•
CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limitthe coverage described in Covered Risk B.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does
not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records:
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You: or
d. that first occur after the Policy Date a this does not limit the coverage described In Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is Invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or sirruJar creditors' rights Jaws.
LIMITATIONS ON COVERED RISKS
Your insurance tor the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability
shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1.00% of Policy Amount Shown in Schedule A
$2,500.00
(whichever is less)
or
1.00% of Policy Amount Shown in Schedule A
$5,000.00
(whichever is less)
or
1.00% of Policy Amount Shown in Schedule A
$5,000.00
(whichever is less)
or
1.00% of Policy Amount Shown in Schedule A
$2,500.00
(whichever is less)
or
Our Maxjmum Dollar limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
Attachment One (07/26110)
•
ATTACHMENT ONE
(CONTINUED)
•
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, 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 improvements now
or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas 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. This exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien oi' 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 exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value 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 disdosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant:
(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) resuHing 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 la11d 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending faw.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion
does not limit the coverage provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability 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 of 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 the 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 w,fch 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 modification. This exclusion 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 exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at
Date of Policy.
Attachment One (07/26/1 0)
•
ATIACHMENT ONE
(CONTINUED)
•
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10)
EXCLUSIONS FROM COVERAGE
The following. matt~rs are expressly excll.lded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses wh1ch anse by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(I) the occupancy, use, or enjoyment of the Land;
(li} the character, dimenslonS1 or location of any improvement erected on the Land;
(Ill) the subdivision of land; or
(iv} environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Coveted Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14
or 16.
2. Rights of eminent domain. This ExClusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, advetse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, n()t recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
{c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequel)t to Date of Policy {however, this does not modify or limit the coverage provided under Covered Risk 11, 16,
17,18, 19, 20, 21, 22, 23, 24,27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the lntured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws
of the state where the land is situated.
5. lnvarldity or unenforceability in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage
provided In Covered Risk 26.
6. Any claim of Invalidity, unenforceability 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 modify or limit the coverag~ provided in Covered Risk 11.
7. Any lien on the Trtle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not mocJify or limit the coverage provided in Covered Risk 11 (b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable
building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien
of the Insured mortgage, is
{a) a fraudulent conveyance or fralJdulent transfer, or
(b) a preferential transfer for any r~ason not stated in Covered Risk 27{b) of this policy.
Attachment One (07/26/1 O)
• •
NOTICE
You may be entitled to receive a Twenty And No/100 Dollars ($20.00) discount on escrow services if you
purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If
you had more than one qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is subject of your current transaction, you do not have
to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this
transaction.
If your previous transaction involved property different from the property that is subject of your current transaction,
you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the
address of the property involved in the previous transaction, and tlhe date or approximate date that the escrow
closed to be eligible for the discount.
Unless you inform tlhe Company of the prior transaction on property that is not the subject of this transaction, the
Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the
Company information concerning a prior transaction, the Company is required to determine if you qualify for a
discount which is subject to other terms and conditions.
AG Settlement Discount Notice
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• •
PRIVACY STATEMENT
Effective Date: May 1, 2008
Order No.: 73713003717-LB
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public
personal information ("Personal Information") and protecting your Personal Information is one of our top priorities.
This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we
receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy
practices described in this Privacy Statement and, depending on the business performed, FNF companies may
share information as described herein.
PERSONAL INFORMATION COLLECTED
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security
number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email address,
Internet Protocol address, the website links you used to get to our websites, and your activity while using or
reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as
information concerning your policy, premiums, payment history, information about your home or other real
property, information from lenders and other third parties involved in such transaction, account balances, and
credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
DISCLOSURE OF PERSONAL INFORMATION
We may provide your Personal Information (excluding information we receive from consumer or other credit
reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior
authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without
limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services
you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation,
or nondisclosure in connection with an insurance transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance
benefit or payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in
connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we
have joint marketing agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title
whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.
Privacy Statement
SSCORP00911.doc/ Updated: 11.03.09 Page 1 of2
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-73713003717
l
• •
PRIVACY STATEMENT
Effective Date: May 1, 2008
(continued)
•
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is
reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property
and/or to comply with a judicial proceeding, court order or legal process.
Disclosure to Affiliated Companies:
We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with
services you have requested, for marketing or product development research, or to market products or
services to you. We do not, however, disclose information we collect from consumer or credit reporting
agencies with our affiliates or others without your consent, in conformity with applicable law, unless such
disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties:
We do not disclose Personal Information about our customers or former customers to nonaffiliated third
parties, except as outlined herein or as otherwise permitted by law.
CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION
We restrict access to Personal Information about you to those employees who need to know that information to
provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard Personal Information.
ACCESS TO PERSONAL INFORMATION I REQUESTS FOR CORRECTION, AMENDMENT, OR DELETION
OF PERSONAL INFORMATION
As required by applicable law, we will afford you the right to access your Personal Information, under certain
circumstances to find out to whom your Personal Information has been disclosed, and request correction or
deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal
Information for no less than your state's required record retention requirements for the purpose of handling future
coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized
signature to establish your identitv. Where permitted by law, we may charge a reasonable fee to cover the costs
incurre(j in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
CHANGES TO THIS PRIVACY STATEMENT
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we
amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this
Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially
changed.
PriVacy S~tement
SSCORPD0911.doc I Updated: , 1.03.09 Page 2 of2
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• • •
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the
delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this
notice does not constitute a waiver of the consume~s right to be charged the filed rate. As such, your transaction
may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full description of
the terms, conditions and requirements for such discount. These discounts only apply to transactions involving
services rendered by the FNF Family of Companies. This notice only applies to transactions involving property
improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as
indicated by the named discount.
FNF Underwritten Title Companies
CTC -Chicago Title Company
CL TC -Commonwealth Land Title Company
FNTC-Fidelity National Title Company
FNTCCA-Fidelity National Title Company of California
TICOR-Ticer Title Company of California
LTC-Lawye~s Title Company
Available Discounts
Underwritten by FNF Underwriters
CTIC-Chicago Title Insurance Company
CL TIC -Commonwealth Land Title Insurance Company
FNTIC-Fidelity National Title Insurance Company
FNTIC-Fidelity National Title Insurance Company
CTIC-Chicago Title Insurance Company
CL TIC-Commonwealth Land Title Insurance Company
CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON SUBSEQUENT
POLICIES (CTIC, FNTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order
may be reopened within 12 to 36 months and all or a portion of the charge previously paid for the report or
commitment may be credited on a subsequent policy charge.
FEE REDUCTION SETTLEMENT PROGRAM (CTC, CTIC, CLTC, CLTIC, FNTC, FNTCCA, FNTIC, LTC,
TICOR)
Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for
each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State
of California et a/. v. Fidelity National Title Insurance Company et a/., Sacramento Superior Court Case No.
99AS02793, and related cases.
DISASTER LOANS (CTIC, CL TIC, FNTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United
States or the State of California on any land located in said area, which was partially or totally destroyed in the
disaster, will be 50% of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities,
provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of
the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy
shall be 32% to 50% of the appropriate title insurance rate, depending on the type of coverage selected.
Notice of Available Discounts
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City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
llllllllllllllllllllllllllllllllllllmlllllllllllllllll
Applicant: WORTHING BROOKS
Description Amount
NCP13003 697.00
5040 TIERRA DEL ORO ST CBAD
Receipt Number: R0097342 Transaction ID: R0097342
Transaction Date: 10/01/2013
Pay Type Method Description Amount
------~---------------------------------------
Payment Credit Crd VISA 697.00
Transaction Amount: 697.00
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1327401-2 10/01/2013 149
Tue, Oct 01, 2013 02:46PM
Receipt Ref Nbr: R1327401-2/0036
PERMITS -PERMITS
Tran Ref Nbr: 132740102 0036 0042
Trans/Rcpt#: R0097342
SET#: NCP13003
, Amount:
Item Subtotal :
Item Total :
1 @ $697.00
$697.00
$697.00
ITEM(S) TOTAL: $697.00
Credit Card (Auth# 04830G) $697.00
Total Received: $697.00
Have a nice day!
•
**************CUSTOMER COPY*************
• •
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: WORTHING BROOKS
Description Amount
CDP13022 1,384.78
5040 TIERRA DEL ORO ST CBAD
Receipt Number: R0096060 Transaction ID: R0096060
Transaction Date: 07/19/2013
Pay Type Method Description Amount
Payment Credit Crd VISA 1,384.78
Transaction Amount: 1,384.78
•
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1320001-1 07/19/2013 149
Fri, Jul 19, 2013 12:59 PM
Receipt Ref Nbr: R1320001-1/0017
PERMITS -PERMITS
Tran Ref Nbr: 132000101 0017 0018
Trans/Rcpt#: R0096060
•
SET#: CDP13022
Amount:
Item Subtotal:
Item Tot a 1:
1@ $1,384.78
$1,384.78
$1,384.78
ITEM(S) TOTAL: $1,384.78
Credit Card (Auth# 08606G) $1,384.78
Total Received: $1,384.78
Have a nice day!
**************CUSTOMER COPY*************
•
<<~~ CITY OF ~CARLSBAD • • FILE COPY
•
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: February 12. 2014
Application #: COP 13-22/NCP 13-03 Filing Date: July 19. 2013
Case Name: Porter Residence Decision Date: January 15. 2014
Applicant: Brooks Worthing Agent (if different): ------------
Address: P.O. Box 1041. Carlsbad. CA 92018 Address:
Phone: (7601 729-3965 Phone:
Project Description: Coastal Development Permit and Nonconforming Construction Permit to allow 1.673 square feet of
additional living area and a 300 square foot balcony to an existing 2.431 square foot two-story single-family residence located
at 5040 Tierra del Oro Street within the Mello II Segment of the LCP and LFMP 3.
Project Location: 5040 Tierra del Oro Street
ACTION:
D APPROVED
[gj 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 •
[gj 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: -Staff Report
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 following the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request forthe 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 Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
STATE OF CALIFORNIA-THE NATURAL RESOURCES A.Y • EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
DATE:
TO:
NOTIFICATION OF DEFICIENT NOTICE
February 5, 2014
Jason Goff
City of Carlsbad Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
City of Carlsbad
FEB 0 7 2014
FROM: Rick Casswell, Coastal Program Analyst Planning Division RE: Local Permit No. COP 13-22/NCP 13-03
Please be advised of the following deficiency in the notice of local action we have
received for Local Permit No. COP 13-22/NCP 13-03 pursuant to 14 Cal. Admin. Code
13571 or 13332.
Applicants: Brooks Worthing
Description: Coastal Development Permit and Nonconforming
Construction Permit to allow 1,673 square feet of additional
living area and a 300 square foot balcony to an existing 2,431
square foot two-story single-family residence located at 5040
Tierra del Oro Street within the Mello II Segment of the LCP
and LFMP 3.
Location: 5040 Tierra del Oro Street (San Diego County)
(APN: 210-020-07-00)
Deficiency noted by check mark
1. Project description not included or not clear.
2. Conditions for approval and written findings not included.
3. Procedures for appeal of the decision to the Coastal Commission not
included.
4. Notice not given to those who requested it.
5. _lS_ Other: Project listed as "Not Appealable to the Coastal Commission",
when, in fact, the project is located between the sea and the first public
road (i.e. Carlsbad Boulevard), falling within the Coastal Commission's
appeal jurisdiction.
As a result of the deficiency noted
Post-Certification LCP Permits:
_lS_ The effective date of the local government action has been suspended,
and the 10 working day Commission appeal period will not commence until a
sufficient notice of action is received in this office. (14 Cal. Admin. Code
Sections 13570, 13572.)
Post-certification Defic.cy Notice
Page 2
Post-Certification LUP Permits:
•
_The effective date of the local government action has been suspended,
and the 20 working day Commission appeal period will not commence until a
sufficient notice of action is received in this office. (14 Cal. Admin. Code
Sections 13570, 13572.)
If you have any questions, please contact Rick Casswell (619-767-2370) at the San
Diego district office.
( G: \Rick\Projects\FLAN s\Carlsbad\Notification of Deficient Notice.docx)
SENDER: COMPLETE THIS SECTION
• 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 mail piece,
or on the front if space permits.
1. Article Addressed to:
CALIFORNIA COASTAL COMMISSION
STE 10.3
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
li address different from item 1?
If YES, enter delivery address below:
3.-irvice Type
Certified Mall
Registered
II
D Express Mall
,.H'!•etu1rn Receipt for Merchandise
2. Article Number
{Transfer from service /abet) 7010 0290 DODD 7252 7488
0 Certtu<: £
1 :et'Jr n Recq ·~. ,..:, e (End(' sen:ent ReqJ're ')
·Hest•IC!ec Deli~Ht hO·l ~Endoro;err:ant Aoq111rm')
rota, Po~tage & l'ee·
«~~ CITY OF
~CARLSBAD •
Community & Economic Development
NOTICE OF FINAL ACTION
COASTAL DEVELOPMENT PERMIT
• a FILE
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: January 27.2014
Application #: COP 13-22/NCP 13-03 Filing Date: July 19. 2013
Case Name: Porter Residence Decision Date: January 15. 2014
Applicant: Brooks Worthing Agent (if different): ------------
Address: P.O. Box 1041. Carlsbad. CA 92018 Address:
Phone: (760) 729-3965 Phone:
Project Description: Coastal Development Permit and Nonconforming Construction Permit to allow 1.673 square feet of
additional living area and a 300 square foot balcony to an existing 2.431 square foot two-story single-family residence located
at 5040 Tierra del Oro Street within the Mello II Segment of the LCP and LFMP 3.
Project Location: 5040 Tierra del Oro Street
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:
IZJ NOT APPEALABLE TO THE COASTAL COMMISSION.
0 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
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 ojter the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount
sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to
not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, California 92008.
Planning Division
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
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CAUFORNIA COASTAL COMMISSION
5:1-t·SC,\Pi-Nl<-
01 PO fl'ox No. STE 103
c:,;:s;,;;e:zte;; 7575 METROPOLITAN DR
1 li!!!J-1!1!1!1!~ SAN DIEGO CA 92108-4402
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
City of Carlsbad
STATE OF CALIFORNIA
County of San Diego
JAN 0 8 2014
Planning Division
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
UT -North County
Formerly known as the North County Times and
which newspaper has been adjudicated as a
newspaper of general circulation by the Superior
Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree numbers 171349 &
172171, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
January 03'0, 2014
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On This 03'd, day January 2014
esA)o
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
.IIOTICE .. '. "'I!!IY·GI¥ii!M''-'f'oir; ...... ~lll' . terest mav fected, that the Planning Commission · ••.. of the City o1 ,..,rlsbad will hold a public hearing at the
Council Chambers, 1200 Carlsbad Village Drive, C<'' hoc1.j, California, at 6:00 p.m. on Wednesday, January 15,
20 !4, !<' ·:onsider the following:
l) CDP 13-22/NCP 13·03 ~ PORTER RESIDENCE -Request for
a~ provc1l of a Coastal Development Permit and Nonconforming
Ct,nstruction Permit to allow 1,673 square feet of additional liv-in·J orna and a 300 square foot balcony to an existing 2,431
sq·_,ar·e foot two-story single-familY residence located at 5040 Tkrra del Oro Street within the Mello I I Segment of the Local Ct·nstn! Program and Local Facilities Management Zone 3. The
proi<C::_I site is not within the appealable area of the California
Cl,u51ul Commission. The City Planner has determined that the ----prC)iect belongs to a class of proiects that the State Secretary for
R1•::.ources has found do not have a significant impact on the en-vhmrrwnt, and it is therefore categorically exempt from the re-
ql iremr,nt for the preparation of environmental documents pur-
suant to Sections 15301(e) (2) -Existing Facilities of the state CEQA Guidelines.
.\
2) SUP 13-03/SUP 98-03(C)/SDP 13-05/PUO 13·09/MCUP 13·13/MS
13-07 -VIASAT EXPANSION -Request for a determination that the project is within the scope of the previously certified Bressi
Ranch Master Plan Program E I R and that the Program E I R adequately describes the activity for the purposes of CEQA; and approval of a Scenic Corridor Special Use Permit, Scenic Corri-dor Special Use Permit Amendment, Minor Site Development Plan, Non-Residential Planned Development Permit, Minor
Conditional Use Permit, and Tentative Parcel Mop for the sub-division of 9.9 acres of land into four industrial lots, the develop-
ment of 143,100 square feet of planned industrial/office and man-
ufacturing space within two, three-story buildings, a 3,995 SF satellite antenna enclosure, a 5,386 SF mechanical and trash en-
closure, at-grade parking and a large centralized plaza. The proiect also includes the installation of a pedestrian traffic sig-
nal with cross walk, a bus stop with turnout, miscellaneous im-Provements within the El Camino Real public right-of-way, and
minor modifications to ViaSot's existing campus on property generally located south of Palomar Airport Rood, on both the
east and west sides of 'EI Camino Real, just north of Gateway Road in Local Facilities Management Zone 17.
The proposed activities would have no effects beyond those ana-lyzed in the program E I R, as they are a part of the program an-
alyzed earlier. This project Is within the scope of Final Pro-gram EIR 98-04 and no further CEQA compliance is required.
E I R 98-04 is available at the Planning Department .
. ~-
• I.
3) SP 19(J)/LCPA 12-01 -CAR COUNTRY~ INITIATIVES 2 & 4 • Request for a recommendation of approval for Specific Plan
Amendment SP 19(J) and Local Coastal Program Amendment LCPA 12-01 to update the Cor Country Comprehensive Sign Pro-
gram (Sign Program} by modifYing the existing sign standards and by adding proviE.ions for a digital display sign to address the
unique needs of the awtomotive sales industry, and to streamline the permit and review process for minor improvements for
property generally located on the south side of Cannon Road, north and west of Car Country Drive, and east of Interstate 5
within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3.
The proiect is exempt from the California Environmental Quali-
ty Act, pursuant to CEQA Guidelines Section 15061 (b) (3) .
. \ ·• ' '·'\·
4} ZCA 13-02/LCPA 1~ • DWELLING DEFINITIONS ·Are-quest for a recommendation of approval of a Zone Code Amend-
ment and Local Coastal Program Amendment to amend the city's Zoning Ordinance to improve the definitions of 'dwelling
unit' and 'kitchen' and odd a definition of 'wet bar.'
The project is exempt from the California Environmental Quali-ty Act.
If you challenge these projects in court, you may be limited to
raising only those issues you or someone else raised at the pub-lic hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hear-ing.
Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular busi~
ness hours from 7:30am to 5:30 pm Monday through Thursday
and 8:00 om to5:00 pm FridaY.
Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports
will be available online at http://carlsbad.granlcus.comNiewP ublisher.php?view id•6 on or after the Friday prior to·the hear-
ing dote. If vou haVe any questions, please call the Planning Di-vision at (760) 602-4600.
PUBLISH: January 3, 2014 CITY OF CARLSBAD pLANNING DIVISION
SENDER: COMPLETE THIS SECTION
• Qomplete 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
7575 Metropolitan Drive, Suite 103
San Diego, CA 921084402
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. Service Type
0 Certified Man
0 Registered
0 Insured Mail
2. Article Number
(Transfer from service /abeQ 7012 3460 DODD 3094 4117
PS Form 3811 , Feb111ary 2004 Domestic Return Receipt 1 02595.()2-M-1540
SBi!f:. -~---
o 1 ; II
California Coastal Commission
7575 Metropolitan Drive, Suite 103
San Diego, CA 921084402
.J!,
/r-. «~cARLSBAD • • u FILE
Community & Economic Development www.carlsbadca.gov
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at
the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 15,
Z014, to consider a request for the following:
CASE NAME: COP 13-22/NCP 13-03 -PORTER RESIDENCE
PUBLISH DATE: January 3, 2014
DESCRIPTION: Request for approval of a Coastal Development Permit and Nonconforming Construction Permit
to allow 1,673 square feet of additional living area and a 300 square foot balcony to an existing 2,431 square foot
two-story single-family residence located at 5040 Tierra del Oro Street within the Mello II Segment of the Local
Coastal Program and Local Facilities Management Zone 3. The project site is not within the appealable area of the
California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to
Sections 15301(e)(2)-Existing Facilities of the state CEQA Guidelines.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the
decision makers with any oral or written comments they may have regarding the project. Copies of the staff
report will be available online at http://carlsbad.granicus.com/ViewPublisher.php?view id=6 on or after the Friday
prior to the hearing date.
If you have any questions, or would like to be notified of the decision, please contact Jason Goff in the Planning
Division at (760) 602-4643, Monday through Thursday 7:30a.m. to 5:30p.m., Friday 8:00a.m. to 5:00p.m. at 1635
Faraday Avenue, Carlsbad, California 92008.
APPEALS
The time within which you may judicially challenge these projects, if approved, is established by State law and/or
city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in written correspondence
delivered to the City of Carlsbad at or prior to the public hearing.
1:1 Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in
writing within ten (10) calendar days after a decision by the Planning Commission.
D Coastal Commission Appealable Project:
~ This site is not located within the Coastal Zone Appealable Area.
~ Application deemed complete: October 13. 2013
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission
within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of
Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude.
The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego,
California 92108-4402.
CITY OF CARLSBAD
PLANNING DIVISION
Planning Division
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
...
PACIFIC
OCEAN
• •
NOT TO SCALE
Porter Residence
CDP 13-22 I NCP 13-03
NOTI(.>F PUBLIC HEARING-CITY O~SBAD u FILE
Response must be received by: January I, 2014
Public Hearing Date: ,!Jlan!!!!!U~C.Jlt.;5!._f20!,!.1~4t_ _____________ ,-----,-~-.,..,-,...,.-,-----------
Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD. CALIFORNIA. 92008
Public Hearing Time: .!1_6;_~,:0'.1!0~.m!!h_. -----------------------------------
Project Title: CDP 13-22/NCP 13-03-Porter Residence
Lead Agency: CITY OF CARLSBAD -PLANNING
StreetAddress: 1635FARADAY AVENUE
City: CARLSBAD
PROJECT LOCATION:
ContactPernon:~Ja~s'.l!o~n~G~o"'ff~-------------
Phone: (760\ 602-4643
Zip: 92008 County: SAN DIEGO
County: SAN DIEGO City/Nearest Community: .!,CJ,ITLY:u.O!!:F~C.J.ARL~"'S~B!!AD:\Jd. _________________ _
Cross Streets: Tierra Del Oro & Carlsbad Boulevard Total Acres: ,o,_,.l,_,7_,a,.,c"'re6sL.... _________________ _
Assessor's Parcel No. 210-020-07 Section: N/A Twp. N/A Range: N/A Base: "'N"'/A"'----------------
Within 2 Miles: State Hwy #: 1-5 Waterways: Pacific Ocean. Agua Hedionda Lagoon
Allports: McCLELLAN/PALOMAR Railways: NCTD Schools: ,C"'ar"'l'"'sb_,a,d'-'U"'n"'i"'fie,.,d'--------
ENVIRONMENTAL DOCUMENT:
CEQA: 0 NOP 0 Supplement/Subsequent
0 EarlyCons 0 EIR(PriorSCHNo.) _______________ _
0 Neg Dec IZJ Other: Notice of Exemption per Section 1530Hel(2)-Existing Facilities
D DraftEIR
LOCAL ACTION TYPE:
0General Plan Update 0
0General Plan Amendment 0
0General Plan Element 0
Ozone Code Amendment 0
DEVELOPMENT TYPE:
Specific Plan
Master Plan
Planned Unit Development
Site Plan
IZJResidential: Units ~1.1(5e!ex,.is.,tl!!!.n!l;\g)L-_____ _
OOffice: Sq. Ft.---------
Ocommercial: Sq. Ft.----------
0Industrial: Sq. Ft.----------
0Recreational:
PROJECT ISSUES DISCUSSED IN DOCUMENT:
0Aesthetic!Visual 0 Flood Plain/Flooding
0Agricultural Land 0 Forest Land/Fire Hazard
0Air Quality 0 Geological/Seismic
0Archaeological/Historical 0 Minerals
Ocoastal Zone 0 Noise
0Drainage/ Absorption 0 Population/Housing Balance
0Economic/Jobs 0 Public Services/Facilities
0Fiscal 0 Recreation/Parks
Present Land Use/Zoning/General Plan Use
Present Land Use: Single-family home
Zoning: One-Family Residential (R-1) Zone
General Plan: Residential Low-Medium Density (RLM)
Project Description:
0 Rezone
0 UsePermit 0 Land Division (Subdivision,
Parcel Map, Tmct Map, etc.)
Acres l!o,_,.I.L7 ____ _
Acres _____ _
Acres------
Acres------
D Schools/Universities
0 Septic Systems
0 Sewer Capacity D SoiJ Erosion/Compaction/Grading
0 Solid Waste
0 Toxic/Hazardous
0 Traffic/Circulation
0 Vegetation
0 Annexation
0 Redevelopment
IZJ Coastal Permit
IZJ Other: ,N""C"-P _____ _
0 Water Quality
0 Water Supply/Ground Water
0 Wetland/Riparian
0 Wildlife
0 Growth Inducing
0 Land Use
0 Cumulative Effect
D Other:-----
Renovation of an existing 2,431 sq. ft. two-story single-family residence. Renovations include the addition of 1,673 sq. ft. of new
living area (First floor= 416 sq. ft. I Second floor= I ,257 sq. ft.) for a total of 4,104 square feet upon completion.
Mail notice to: San Diego County Clerk of the Board of Supervisors, Public Notice Hearings, Mailstop A-45, Room 402, 1600 Pacific Highway,
San Diego, CA 9210 I
Where documents are located for Public Review: Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 April2011
..
' I
ATTACHMENT "2"
CERTIFICATION OF POSTING
I certify that the "Notice of Project Application" has been posted at a conspicuous location on
the site on -----=----
(DATE)
PROJECT NAME: _i?r-'-~!<.!.."'w~__.~~'f)'e!..!....l;;,<'-----
PROJECTNUMBER: ~~~~~~--~~~~-------------
LOCATION: _.,:;')~C)~4-Q~...~,T\~exfli.!.:f\L'Pei~~{)(i=O-
{)rc\1JW) C4-
RETURN TO: _._...:::::J::..l-'-!::S:::..::!te!..:ll:_(;,=-::.•_,~...!:C-_____ _
P-21
(Planner)
CITY OF CARLSBAD
PLANNING DIVISION
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Page4 of6 Revised 07/10
NOTICE
OF PROJECJ APPLICATION
PROJECT NAME: PORTER HOME/ ADDITION
PROJECT NUMBER: CDP 13·22
PROJECT DESCRIPTION:
«~~" C I T Y 0 F • • u FILE
~CARLSBAD
Community & Economic Development www.carlsbadca.gov
I EARLY PUBLIC NOTICE
PROJECT NAME: Porter Residence
PROJECT NUMBER: COP 13-22
This early public notice is to let you know that a development application for a residential remodel
within your neighborhood has been submitted to the City of Carlsbad on July 19, 2013. The project
application is undergoing its initial review by the City.
LOCATION: 5040 Tierra Del Oro
PROJECT DESCRIPTION: Residential remodel of an existing 2,431 square foot single-family home.
Proposed remodel includes a 255 square foot addition to the ground floor and a 1,431 square foot
addition to the second floor for a total living area of 4,117 square feet.
Please keep in mind that this is an early public notice and that the project design could change as a
result of further staff and public review. A future public hearing notice will be mailed to you when this
project is scheduled for public hearing before the Planning Commission.
CONTACT INFORMATION: If you have questions or comments regarding this proposed project please
contact Jason Goff, Associate Planner at jason.goff@carlsbadca.gov, (760) 602-4643, City of Carlsbad
Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008.
Planning Division
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
I
City of Carlsbad
Porter Residence
COP 13-22
N
A Map created by the City of Carlsbad GIS. Portions of
the DERIVED PRODUCT contain geographic information
copyrighted by SanG IS. All Rights Reserved
I VICINITY MAP I
LOT cove<!AUE
CALCULATION&,
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• •
CERTIFICATION
I RONALD COGSWELL! TITLE PRO INFORMATION
SYSTEMS HEREBY CERTIFY THAT THE ATTACHED
LIST CONTAINES THE NAMES, ADDRESSES AND-
PARCEL NUMBERS OF ALL PERSONS TO WHOM
ALL PROPERTY IS ASSESSED AS THEY APPEAR ON
THE LATEST AVAILABLE ASSESSMENT ROLL OF
THE COUNTY WITHIN THE AREA DESCRIBED AND
REQUESTED BY YOU THE CLIENT, THE REQUIRED
RADIUS MEASURED FROM THE EXTERIOR
BOUNDARIES OF THE PROPERTY REQUESTED
AND DESCRIBED AS APN :210-020-07
100FT.
DATED 04/30/2013
09
-
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SAN DIEGO COUNTY ASSESSOR'S MAP
®
BOOK 210 PAGE 01 SHT 1 Of
• •
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3* PAR 4 SBE MAP 141-37-130
4* PAR 4 SBE MAP 1106-37-1
5* 760-166-49
6* 760-166-57
• SEE DOCS 2001-0789067 FOR DISTANCES AND B
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THIS MAP WAS PREPARED FOil ASSESSIIEIIT PIIII'OSES ONLY. NO UABliTY IS
ASSUII£0 FOR THE ACCUIIACY Of THE DATA SHDWII. ASSESSDR'S PlRCBS
MAl NO! CDMPLY WITH LDCAL SIIIDMSION OR BUIDIN& ORDINANCES.
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THIS MAP WAS PREPARHl FOR ASSESSMENT PUIIUSES CN.T. NJ LIABIJTY IS
ASSlJAEO FOR Tt£ ACCURACY CF THE DATA SH:J\I'N. ASSESSOO 'S PARCELS
1M Y OOT CD.4PL Y WITH LOCAL SUIIlMSIJN OR BiiLON; !JROOANCES.
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5/26/99 511
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031 12/13
031 415
033 8
033 17
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MAP 2758-TERRAMAR UNIT N0.2
MAP 2696 -TERRAMAR UNIT NO. 1
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•' .., .. • •
CERTIFICATION
I RONALD COGSWELL! TITLE PRO INFORMATION
SYSTEMS HEREBY CERTIFY THAT THE ATTACHED
LIST CONT AINES THE NAMES, ADDRESSES AND-
PARCEL NUMBERS OF ALL PERSONS TO WHOM
ALL PROPERTY IS ASSESSED AS THEY APPEAR ON
THE LA TEST AVAILABLE ASSESSMENT ROLL OF
THE COUNTY WITHIN THE AREA DESCRIBED AND
REQUESTED BY YOU THE CLIENT, THE REQUIRED
RADIUS MEASURED FROM THE EXTERIOR
BOUNDARIES OF THE PROPERTY REQUESTED
AND DESCRIBED AS APN:210-020-07
600FT.
DATED 04/30/2013
09.
~ \J!if:.JI
SAN DIEGO COUNTY ASSESSOR'S MAP
~ ~
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BOOK 210 PAGE 01 SHT 1 OF
• •
PAR4SBEMAP 1106-37-1
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* SEE DOCS 2001-0789067 FOR DISTANCES AND B
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' !. E.eest J. Dronenburg, J-
couNTY OF SAN DIEGO
ASSESSOR/RECORDER/COUNTY CLERK
ASSESSOR'S OFFICE
1600 Pacific Highway, Suite 103
San Diego, CA 92101-2480
Tel. (619) 236-3771 *Fax (619) 557-4056
www.sdarcc.com
RECORDER/COUNTY CLERK'S OFFICE
1600 Pacific Highway, Suite 260
P.O. Box 121750 *San Diego, CA 92112-1750
Tel. (619)237-0502 *Fax (619)557-4155
Transaction #: 311114820140122
Deputy: JV ARGAS2
City of Carlsbad
Location: COUNTY ADMINISTRATION BUILDING
22-Jan-201413:11 JAN 2 4 2014
Planning Division
FEES:
50.00 Qty of l Fee Notice of Exemption for Ref# CITY OF CARLSBAD NOE
-----
50.00 TOTAL DUE
PAYMENTS:
50.00 Check
-----
50.00 TENDERED
SERVICES AVAILABLE AT
OFFICE LOCATIONS
• Tax Bill Address Changes
• Records and Certified Copies:
Birth/ Marriage/ Death! Real Estate
• Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies
• Assessor Parcel Maps
• Property Ownership
• Property Records
• Property Values
• Document Recordings
SERVICES AVAILABLE ON-LINE AT
www.sdarcc.com
• Forms and Applications
• Frequently Asked Questions (FAQs)
• Grantor/ Grantee Index
• Fictitious Business Names Index (DBAs)
• Property Sales
• On-Line Purchases
Assessor Parcel Maps
Property Characteristics
Recorded Documents
• State of California-Natural Resources Agency
f
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
2014 ENVIRONMENTAL FILING FEE CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
LEAD AGENCY
CITY OF CARLSBAD PLANNING DIVISION
COUNTY/STATEAGENCY OF FlUNG
SAN DIEGO
PROJECT TITLE
COP 13-22/NCP 13-03 -PORTER RESIDENCE
PROJECT APPLICANT NAME
BROOKS WORTHING
PROJECT APPLICANT ADDRESS
PO BOX 1041
PROJECT APPLICANT (Chock appropriate box):
0 Local Public Agency 0 School District
CHECK APPLICABLE FEES:
Q Environmental Impact Report (EIR)
Q Negative Dedaration (ND)(MND)
I
CITY
CARLSBAD
[J Other Special District
0 Application Fee Water Diversion (State Water Resources Control Board Only)
0 Projects Subject to Certified Regulatory Programs (CRP)
Ill County Administrative Fee
0 Project that is exempt from fees
~ Notice of Exemption
0 COFW No Effect Determination (Form Attached}
Q Other-------------------
PAYMENT METHOD:
Q Cash Q Credit G:J Check Q Other CHK: 12122
SIGNATURE
x J. Vargas
~----------
1
I
I
I
I
•
RECEIPT#
SD2014 0047
STATE CLEARING HOUSE #(lfappNcab!e)
I STATE
ICA
Q State Agency
DATE
01/22/2014
DOCUMENT NUMBER
'20140047'
PHONE NUMBER
760-729-3965
ZIP CODE
92018
(81 Private Entity
$3,029.75 $ -------
$2,181.25 $ -------
$850.00 $ --~---
$1,030.25 $ -------
$50.00 $ ____ _,$.::.5o::c·.::.oo=-
$ _____ _
TOTALRECEIVED $ ____ __,$0050"'."'00'-
City of Carlsbad
MAR 0 3 2014
Planning Division
11111111111111111111111111111111111111111111111111
I I
ORIGINAL-PROJECT APPUCANT COPY. CDFW/ASB COPY-LEAD AGENCY COPY· COUNTY CLERK FG 753.5a (Rev 11/12)
•
NOTICE OF EXE~ION
To: SD County Clerk
Attn: James Scott
1600 Pacific Highway, Suite 260
PO Box 121750
San Diego, CA 92101
From:
IJIO[b~[Q) • F.rnest J Oronenhura. Jr. M.Kotder Coun1~ Cltr~
CITY OF CARLSBAD
Planning Division BY
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-4600
JAN 2 2 2014
J. Vargas
bQ50fY
Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources
Code {California Environmental Quality Act).
Project Number and Title: CDP 13-22/NCP 13-03-Porter Residence
Project location -Specific: "'50"'4"'0'-T,_,i,e,_,rr,a_,d.,.e'-'1 O=ro'-'S"'t"'re,_,e'-'t _________________ _
Project location -City: _,Ca"'r"'ls,b"'a_,d _____ _ Project Location-County: ,sa.,n""""D"'ie.,g,o ____ _
Description of Project: Renovation of an existing 2.431 sq. ft. two-story single-family residence.
Renovations include the addition of 1,673 sq. ft. of new living area (First floor= 416 sq. ft./ Second floor
-1,257 sq. ft.) for a total of 4.104 square feet upon completion.
Name of Public Agency Approving Project: ,.C'-'ity"--"o'-f C,a"-'r,ls,b,_ad,__ ______________ _
Name of Person or Agency Carrying Out Project: "'B,_,. A;,.'-'W=o,_,rt,h"-in,.,g._, 1"-'n"'c.~------------
Name of Applicant: ~B,_,ro"'o"'k"'s_,_W,_,o'-'rt_,h-'-'i,_,ng..__ ______________________ _
Applicant's Address: PO Box 1041 Carlsbad CA 92018
Applicant's Telephone Number: (760) 729-3965 City of Carlsbad
Exempt Status: (Check One) MAR 0 3 2014
0 Ministerial {Section 21080(b){1); 15268);
0 Declared Emergency {Section 21080(b){3); 15269(a)); Planning Division
0 Emergency Project (Section 21080(b){4); 15269 (b){c));
1:8:1 Categorical Exemption-State type and section number: Section 15301(e)(2)-Existing Facilities
0 Statutory Exemptions-State code number:-------------------
0 General rule (Section 15061(b){3))
Reasons why project is exempt: The area of proposed expansion (i.e .. 1.673 square feet) does not result
in an increase of more than 10.000 square feet. the project is in an area where all public services and
facilities are available to allow for maximum development permissible in the General Plan, and the area
in which the project is located is not environmentally sensitive.
lead Agency Contact Person: .,Ja"'s"'o,n_,G,o"-ff'-------Telephone: (760) 602-4643
)-I b-t j
Date
Date received for filing at OPR:
Revised 05/13
• •
FILED IN THE OFFICE OF THE COUNTY CLERK
San Diego County on JAN 2 2 2014
Postell JAN 2 Z 2014 Rer1oved )E* Z 4 2014
Rerumed to agen~ oV FEB Z7 01
Deputy u.argas
• • CITY OF CARLSBAD PLANNING DIVISION
REQUEST FOR CONDITIONS
DATE: NOVEMBER 5, 2013 FINAL REVISED PLANS INCLUDED ~
TO: ~ LAND DEVELOPMENT ENGINEERING-DAVID RICK D POLICE DEPARTMENT-J. SASWAY
~FIRE DEPARTMENT-GREG RYAN
~ BUILDING DEPARTMENT-WILL FOSS
0 LANDSCAPE PLANCHECK CONSULTANT-PELA
D PARKS/TRAILS-LIZ KETABIAN D M & 0-CMWD-STEVE PLYLER
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
REQUEST FOR CONDITIONS ON PROJECT NO{S): COP 13-22/NCP 13-03
PROJECT TITLE: PORTER RESIDENCE
APPLICANT: B.A. WORTHING, INC./BROOKS WORTHING
PROPOSAL: ADDITION TO EXISTING RESIDENCE & DECKS
Please review and submit written conditions to the PLANNING TRACKING DESK in the
Planning Division at 1635 Faraday Avenue, by 11/26/13. If you have "No Conditions",
please so state. Please note thattime is of the essence, as the staff report preparation has
begun. If you have any questions, please contact JASON GOFF, at 4643.
THANK YOU
COMMENTS: I.J7J ~~C?vV$
tv~ Signatu~ Date
c: File
Request for Conditions 03/13
(~~CITY OF •
¥CARLSBAD
Memorandum
November 13, 2013
To:
From:
Subject:
Jason Goff, Project Planner
David Rick, Project Engineer
COP 13-22/NCP 13-03 PORTER RESIDENCE
•
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.
2. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
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.
22. Prior to approval of any grading or building permits for this project, developer shall
cause owner to give written consent to the city engineer for the annexation of the area
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
• •
shown within the boundaries of the site plan into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the city engineer.
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
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.
Dedications/Improvements
46. Developer shall cause owner to dedicate to the city and/or other appropriate entities
for public street & public utility purposes as shown on the site plan. The offer shall be
made by a separate recorded document. All land so offered shall be free and clear of all
liens and encumbrances and without cost to the city. Streets that are already public are
not required to be rededicated. Additional easements may be required at final design to
the satisfaction ofthe city engineer.
Page 2 of 15
,----------------------------------------------------• CITY OF CARLSBAD
REVIEW AND COMMENT MEMO •
DATE: OCTOBER 1, 2013
PROJECT NO(S): _C::..:D:..:P_:1::..:3c..:·2=2"-/:..:NC=P'---1=3:_·0::..:3:__ __________ REVIEW NO: 2
PROJECT TITLE: PORTER RESIDENCE
APPLICANT: B.A. WORTHING, INC./BROOKS WORTHING
TO:
~ Land Development Engineering-David Rick
0 Police Department-J. Sa sway
~ Fire Department-Greg Ryan
~ Building Division-Will Foss
0 Parks & Recreation (Parks/Trails)-Liz Ketabian
0 Parks & Recreation (Trees & Medians)-Mike Bliss
0 Public Works Department (Streets)-Nick Roque
0 Public Works Department (Traffic)-John Kim
0 Public Works Department (Design)-Bill Plummer
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
0 Public Works (Storm Drain)-Clayton Dobbs
0 Public Works (Wastewater)-Don Wasko
0 Public Works (Water)-Jase Warner
0 Water/Sewer District
0 Landscape Plancheck Consultant-PELA
0 School District
0 North County Transit District-Planning Dept.
0 Sempra Energy-Land Management
0 Caltrans (Send anything adjacent to 1-5)
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the
Planning Division at 1635 Faraday Avenue, by 10/22/13. 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 , /) I / 1 1 COMMENTS:----.~.M_..· '"""~t_...171#1o<....:..:"'/V...:.l_~....;....:.-t.&.·5___.tW"'--'L~At?t¥1"'-'--"'6l('-"-'-lf-h:...:._~_;__,..:...._ __________ _
Date
PLANS ATIACHED
Review & Comment 03/13 JG
----------------------. • •
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: COP 13-22/ NCP 13-03
BUILDING ADDRESS: 5040 TIERRA DEL ORO
PROJECT DESCRIPTION: ....:S:::.:F...!:D::..!A~D~D::.!IT.!.ei~O~N'-------------------
ASSESSOR'S PARCEL NUMBER: 210-020-07
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
By: G. Ryan Date: 10.22.2013
ATTACHMENTS
DENIAL
Please see the attached report of deficiencies marked with
!Bl. 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
COMMENTS : NO COMMENTS OR CONDITIONS
• CITY OF CARLSBAD
REVIEW AND COMMENT MEMO •
DATE: OCTOBER 1, 2013
PROJECT NO(S): _:C,D::_P_;1=3c..:·2=2"-/N:.:.C=P...:1::.:3:...·0::.:3:..___________ REVIEW NO: 2
PROJECT TITLE: PORTER RESIDENCE
APPLICANT: B.A. WORTHING, INC./BROOKS WORTHING
TO:
[8:1 Land Development Engineering-David Rick
0 Police Department-J. Sasway
[8:1 Fire Department-Greg Ryan
[8:1 Building Division-Will Foss
0 Parks & Recreation (Parks/Trails)-Liz Ketabian
0 Parks & Recreation (Trees & Medians)-Mike Bliss
0 Public Works Department (Streets)-Nick Roque
0 Public Works Department (Traffic)-John Kim
0 Public Works Department (Design)-Bill Plummer
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
0 Public Works (Storm Drain)-Clayton Dobbs
0 Public Works (Wastewater)-Don Wasko
0 Public Works (Water)-Jase Warner
0 Water/Sewer District
0 Landscape Plancheck Consultant-PELA
0 School District
0 North County Transit District-Planning Dept.
0 Sempra Energy-Land Management
0 Caltrans (Send anything adjacent to 1-S)
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the
Planning Division at 1635 Faraday Avenue, by 10/22/13. 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: /til) ~M {Tv 73
l Signature 1 I Date
PLANS A IT ACHED
Review & Comment 03/13 JG
(~~ CITY OF
~'CARLSBAD •
Memorandum
October 10, 2013
To: Jason Goff, Project Planner
From: David Rick, Project Engineer
Via: Jason Geldert, Senior Civil Engineer
Re: PROJECT ID: COP 13-22 PORTER RESIDENCE
ISSUES REVIEW
•
Land Development Engineering has completed its review of the above referenced project for
compliance with the previously determined issues. The project still has issues that must be
addressed. The following is a list of these issues:
1. Please address the issues on the attached red lined site plan.
If you or the applicant has any questions regarding the above, please either see or call me at
extension 2781.
David Rick ~/( ~ .
Associate Engineer-Land Development Engineering
Attachment: red lined site plan
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
-(~~\ CITY OF
~CARLSBAD •
Memorandum
August 9, 2013
To: Jason Goff, Project Planner
From: David Rick, Project Engineer
Via: Glen Van Peski, Engineering Manager
Re: CDP 13-22 PORTER HOME
COMPLETE
•
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. Revise the site plan per the enclosed red lined comments.
2. List the easements identified under items 4 and 6 of the preliminary title report
prepared by Chicago Title Company, dated May 13, 2013. Plot these easements on the
site plan. If these easements cannot be plotted, then state the reason why on the plan.
3. A one-foot offer of dedication for public street and public utility purposes shall be made
along the easterly portion of the subject lot to establish an ultimate right-of-way width
of 102 feet for Carlsbad Boulevard. Plot the proposed offer on the site plan.
4. City Standard GS-15 requires that drainage from the building foundation be established
at a 2% positive grade a minimum of five feet from the building foundation. A lesser
distance requires city engineer approval. The city engineer will not approve a lesser
distance without a letter from a registered soils engineer supporting a lesser distance.
Please provide such a letter or revise the plans to comply with City standard GS-15.
If you or the applicant has any questions, please either see or contact me at 602-2781.
DAVID RIC?)R.
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
•
DATE: JULY 22, 2013
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO •
PROJECT NO(S): _C=:D:..:P_1=:3=--=22=-----------------REVIEW NO: 1
PROJECT TITLE: PORTER HOME
APPLICANT: B. A. WORTHING, INC./BROOKS WORTHING
TO:
r8J Land Development Engineering
0 Police Department-J. Sasway
r8J Fire Department-Greg Ryan
0 Public Works (Storm Drain)-Clayton Dobbs
0 Public Works (Wastewater)-Don Wasko
0 Public Works (Water)-Jase Warner
0 Building Division-Will Foss 0 Water/Sewer District
0 Parks & Recreation (Parks/Trails)-Liz Ketabian
0 Parks & Recreation (Trees & Medians)-Mike Bliss
0 Public Works Department (Streets)-Nick Roque
0 Public Works Department (Traffic)-John Kim
0 Public Works Department (Design)-Bill Plummer
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
0 Landscape Plancheck Consultant-PELA
D School District
0 North County Transit District-Planning Dept.
0 Sempra Energy-Land Management
0 Caltrans (Send anything adjacent to 1-5)
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the
Planning Division at 1635 Faraday Avenue, by 8/9/13. 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
COM M ENTS:__.,J..,d~C""if>.W,f""""""M""'!IW!IO<Iad_,_;.~__u.tSC._· __.....C ..... h:=.odc......,J._,ju411\""""'-'"s'-----------
~'""
PLANS ATIACHED
Review & Comment 03/13 <lb
• •
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: CDP 13-22-PORTER RESIDENCE ADDITION
BUILDING ADDRESS: 5040 TIERRA DEL ORO
PROJECT DESCRIPTION: _:S~F...!:D::....!...!A!::D!::D!..!.IT_:::IO::.!.N!...._ _______________ _
ASSESSOR'S PARCEL NUMBER: 210-020-07
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, infonnation
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 penni! to build.
By: IJ. "?Jan Date: 07.31.2013
ATTACHMENTS
COMMENTS:
DENIAL
Please see the attached report of deficiencies marked with
!8l. 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: GREGORY L RYAN
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4665
STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
DonNeu
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: CCC #6-CII-14-0194
EDMUND G. BROWN, JR., Governor
March 3, 2014
City of Carlsbad
MAR 06 rA
Planning Division
[Porter Residence (CDP 13-22/NCP 13-03); Resolution No.7028]
Dear Mr. Neu:
The appeal period for the above-referenced project started on February 13, 2014, and
ended February 28, 2014, and no appeals were received. Therefore, the City of
Carlsbad's action is final.
cc: Brooks Worthing
s~
Rick Casswell
Coastal Planner
(0:\Rick\Appealable FLANs\Carlsbad\Carlsbad No Appeal Letter dl edits.docx)
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Community & Economic Development www.carlsbadca.gov
January 16, 2014
Brooks Worthing
PO Box 1041
Carlsbad, CA 92018
PLANNING COMMISSION
NOTICE OF DECISION
SUBJECT: COP 13-22/NCP 13-03 -PORTER RESIDENCE
At the January 15, 2014 Planning Commission meeting, your application was considered. The
Commission voted 6-0 to approve your request. The decision of the Planning Commission is final on the
date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten {10)
calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The
written appeal must specify the reason or reasons for the appeal.
If you have any questions regarding the final dispositions of your application, please contact your project
planner Jason Goff at {760) 602-4643 or jason.goff@carlsbadca.gov.
Sincerely,
~~
DON NEU, AICP
City Planner
DN:JG:bd
c: Data Entry
File
Joan & Ross Porter, 10237 East Elmwood Drive, Sun lakes, AZ 85248
enc: Planning Commission Resolution No. 7028
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
•
Community & Economic Development
November 26, 2013
Brooks Worthing
PO Box 1041
Carlsbad, CA 92018
SUBJECT: COP 13-22/NCP 13-03-PORTER RESIDENCE
• oFILE
www.carlsbadca.gov
Your application has been tentatively scheduled for a hearing by the Planning Commission on January
15, 2014. However, for this to occur, you must submit the additional items listed below. If the required
items are not received by December 16, 2013, your project will be rescheduled for a later hearing. In
the event the scheduled hearing date is the last available date for the City to comply with the Permit
Streamlining Act, and the required items listed below have not been submitted, the project will be
scheduled for denial.
Please submit the following plans:
A) 11 copies of the complete plan set on 24" x 36" sheets of paper, stapled in complete
sets folded into 9" x 12" size; and
B) One (1) reduced BY," x 11" copy of the full plan set. These copies must be of a quality
which is photographically reproducible; and
C) One (1) electronic copy on compact disk of the complete plan set in .pdf format; and
D) One (1) electronic copy on compact disk of the color exhibits and/or renderings in .pdf
format.
Sincerely, C!3:::~
Associate Planner
JS:sm
c: File
llr'""" Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
~ l:JcJ)~fc.mr:. ~CARLSBAD • • LJ FILE
Community & Economic Development
January 15, 2014
www.carlsbadca.gov
Brooks Worthing
PO Box 1041
Carlsbad, CA 92018
SUBJECT: NOTICE OF RESTRICTION-COP 13-22/NCP 13-03-PORTER RESIDENCE
Dear Applicant:
Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for
recordation. This is to fulfill a condition of approval of the Coastal Development Permit (CDP 13-22) and
Nonconforming Construction Permit (NCP 13-03). Please ensure the following items are addressed prior
to returning the Notice of Restriction:
../ Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of
Acknowledgement used by a California notary on a document that will be recorded in the State of
California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill
886, Chapter 399))
../ Document must be properly notarized .
../ Name on signature page and name on Notarial Acknowledgement must match .
../ Property owner's signatures/initials must be the same as on Notary Acknowledgement .
../ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the
Notary Seal is blurry or too light}
../ Include property owner's name in the designated space above the owner's signature .
../ Please pay particular attention to the signature requirements at the bottom of the signature page.
It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If
you have any questions or need additional assistance, please contact Michele Masterson, Senior
Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov.
~~
JASON GOFF
Associate Planner
c: Michele Masterson, CED Senior Management Analyst
File Copy
· . Planning Division ~-.. · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559-
•
Community & Economic Development
November 26, 2013
Brooks Worthing
PO Box 1041
Carlsbad, CA, 92018
• DFILE
www.carlsbadca.gov
SUBJECT: COP 13-22/NCP 13-03 -PORTER RESIDENCE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) APPLICABILITY/PROCESS DETERMINATION AND TARGET DECISION DATE
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the project is exempt from the provisions of CEQA, pursuant to a CEQA Categorical
Exemption for Existing Facilities -Section 1S301{e)(2). 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 Planning Commission hearing date.
In the interest of expeditiously processing your application consistent with the State Permit Streamlining
Act (California Government Code Section 65950), the project should be scheduled for a public hearing
no later than February 5, 2014.
Therefore, in the interest of achieving that hearing date, all remaining project issues must be addressed
by December 26, 2013. 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.
For additional information related to this CEQA applicability/process determination or should you have
any questions regarding an application extension or would like to withdraw your application, please
contact Jason Goff at 760-602-4643 or by email at Jason.goff@carlsbadca.gov.
DON NEU, AICP
City Planner
DN:JG:sm
c: Chris DeCerbo, Principal Planner
David Rick, Project Engineer
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
• • DFILE
Community & Economic Development www.carlsbadca.gov
November 26, 2013
Brooks Worthing
PO Box 1041
Carlsbad, CA 92018
SUBJECT: 3"" REVIEW FOR COP 13-22/NCP 13-03-PORTER HOME
Dear Mr. Worthing,
The City has completed its review of the November 5, 2013 submittal of the Porter Home project. No
further issues were raised during this review period. At this time, we will proceed with scheduling the
project for the next available public hearing. A letter will follow announcing a tentative hearing date
along with a request for final exhibits and a public noticing package. If you have any questions regarding
this letter please feel free to contact me at (760) 602·4643.
Sincerely,
Associate Planner
JG:sm
c: Joan & Ross Porter, 10237 East Elmwood Drive, Sun Lakes, AZ 8S248
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
Greg Ryan, Fire Prevention
Will Foss, Building Manager
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008·7314 T 760-602-4600 F 760-602-8559 ®
4~_A. CITY OF
VcARLSBAD
•
Community & Economic Development
October 30, 2013
Brooks Worthing
P.O. Box 1041
Carlsbad, CA 92018
•
SUBJECT: 2"d REVIEW FOR COP 13-22/NCP 13.{)3-PORTER RESIDENCE
MO:,\-ed f'P,dZiJ?
IE!~~p~PY
www.carlsbaaca.gov
The items requested from you earlier to make your Coastal Development Permit and Non-Conforming
Construction Permit, applications no. CDP 13-22 and NCP 13-03 complete have been received and reviewed
by the Planning Division. It has been determined that the application is now complete for processing.
Although the initial processing of your application may have already begun, the technical acceptance date is
acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that could be
discovered during project review and/or environmental review. Any issues should be resolved prior to
scheduling the project for public hearing. In addition, the City may request, in the course of processing the
application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the
application.
At this time, the City asks that you provide four (4) complete sets of the development plans so that the
project can continue to be reviewed. The Citv will comolete 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, Jason Goff, at (760) 602-4643, 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: Greg Ryan, Fire Inspections, at (760) 602-4661.
• Building Division: Will Foss, Building Official, at (760) 602-2716.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:JG:fn
Attachments:
1. Planning Division Red lines-Full plan set consisting of Sheets 1, lA, 2-6
2. land Development Engineering Red lines-Sheet 1
c: Ross and Joan Porter, 5040 Tierra Del Oro, Carlsbad, CA 92008
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
Will Foss, Building Official
Greg Ryan, Fire Prevention
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
CDP 13-22/NCP 13-03-PORT~ RESIDENCE • • ' r; f~P'to'fr'lf~ 2013
, .Pji#le·'
ISSUES OF CONCERN
Planning:
1. Please revise plans per the enclosed set of redlined comments. Return all redlines with your next
submittal.
2. Approval Block #2. Please add Approval Block No. 2 to the Site Plan (Sheet 1 only). This can be
found on the Planning Division's web page at the following address:
http:ljwww.carlsbadca.gov/services/departments/planning/Documents/ApprovaiBiocks.pdf
Please note that several versions of this approval block are available on the Planning Division's Website
depending on the computer program being used to draft plans. Please contact me if you have questions
or problems accessing this information.
Engineering:
Please revise plans per the enclosed set of redlined comments. Return all redlines with your next
submittal.
Fire:
No Comments
Building:
No Comments
• •
Ross & Joan Porter
C/o B. A. Worthing, Inc.
P.O. Box 1041
Carlsbad, California 92018
EAST COUNTY SOIL CONSULTATION
AND ENGINEERING, INC.
10925 HARTLEY ROAD, SUITE "I"
SANTEE, CALIFORNIA 92071
(619) 258-7901
Fax (619) 258-7902
Subject: Surface Drainage Recommendation
Proposed Residential Addition
5040 Tierra Del Oro
City of Carlsbad, California 92008
Dear Mr. & Mrs. Porter:
September 27,2013
Project No. !3-1126F2
In accordance with your request, we have reviewed the building plans prepared by Brooks Design
of Carlsbad, California to address the proposed surface drainage (Detail All, Sheet #l) between the
south property line and the single-family residence at the subject site. It is our understanding that
the area will be paved with concrete.
It is a common practice to use a minimum gradient of 1 percent in hardscape areas adjacent to
structures. Therefore, it is our opinion a gradient of 2 percent in concrete areas adjacent to
structures will be sufficient for proper surface drainage.
If we can be of further assistance, please do not hesitate to contact our office.
Respectfully submitted,
Mamadou Saliou Diallo, P.E.
RCE 54071, GE 2704
MSD\md
..
' ¢~CARLSBAD • • ('!\"·, \e.<l o8 h•d.;~ol3
FILE COPY
Community & Economic Development
August 19, 2013
Brooks Worthing
P.O. Box 1041
Carlsbad, CA 92018
SUBJECT: 1st REVIEW FOR COP 13-22-PORTER RESIDENCE
www.carlsbadca.gov
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your
Coastal Development Permit, application no. COP 13-22, as to its completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information which must be
submitted to complete your application. The second list is project issues of concern to staff. In order to expedite
the processing of your application, the "incomplete" items and your response to the project issues of concern to
Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to
schedule are-submittal appointment. As part of your re-submittal package, please prepare and include with your
re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or
project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can
occur until the application is determined to be complete.
When all required materials are submitted, the City has 30 days to make a determination of completeness. If the
application is determined to be complete, processing for a decision on the application will be initiated. In addition,
please note that you have six months from the date the application was initially filed, July 19, 2013, to either
resubmit the application or submit the required information. Failure to resubmit the application or to submit the
materials necessary to determine your application complete shall be deemed to constitute withdrawal of the
application. If an application is withdrawn or deemed withdrawn, a new application must be submitted.
In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner,
Jason Goff, at (760) 602-4643, 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: Greg Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:JG:fn
Attachments:
1. LDE redlined comments
2. Planning Attachment No. 1
3. Planning redlined comments
c: Joan Porter Trustee JD7T, 5040 Tierra Del Oro, Carlsbad, CA 92008
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
Greg Ryan, Fire Prevention
File Copy
Data Entry Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
c---------------•
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
1. Non-Conforming Construction Permit (NCPl. Because the existing single-family residence is
considered a nonconforming structure by reason of inadequate yards and because the proposed
expansion areas exceed 640 square feet, the project will require the Planning Commission's
approval of a Non-Conforming Construction Permit (NCP). The nonconformity relates to the fact
that 1} the existing two-car garage is located within the front yard setback, and 2) the existing
living area does not provide adequate side yards based on a dimension equal to 10% of the lot
width (please see below).
2. Project/Site Summarv Information Table. Please see Planning Division Attachment No. 1 and
add a Project/Site Summary Information table to Cover Sheet 1 of the proposed plans. We've
included some of the information in this table based on our records of the site and some from
information which you have already provided. For any areas that are left blank in the attached,
please complete and include on your revised plans.
3. Roof Plans. Please provide roof plans in accordance with Application Form P-2.
4. Color Board(s). Please provide color board(s) (no larger than 9" x 12"), showing building
materials and color samples of glass, reveals, aggregate, wood, etc.
5. Floor Plans. On the existing and proposed floor plans (Sheets 2 and 3}, please add a floor area
information table. At a minimum it should include the following:
1" Floor: sq. ft.
2"' Floor: sq. ft.
Garage: sq. ft.
Deck(s): sq. ft.
Total Living Area: sq. ft.
6. Floor Plans. On the existing and proposed floor plans (Sheets 2 and 3), please include the
following:
a. Indicate the California Building Code occupancy classifications of all building areas.
b. Indicate type of construction per California Building Code.
7. Site Plan. The general site information needs to be revised to include the approximate locations
of existing and proposed buildings, walls, fences, and permanent structures onsite and within
100ft. of the site.
• • COP 13-22-PORTER RESIDENCE
August 19, 2013
Page 3
ISSUES OF CONCERN
Planning:
1. Please note that pursuant to Carlsbad Municipal Code Section 21.10.080.A.l.a, no building shall
occupy any portion of a required yard. Please address the following as it relates to lot width,
and the interior side yard setbacks:
a. Lot Width. The lot width of a cul-de-sac lot is equal to the arc length forming the front yard
setback. Please label this on the project site plans similar to the front lot line measurement.
This is important for accurately measuring the interior side yard setbacks and rear yard
setbacks for this project (please see below).
b. Interior Side Yard Setbacks. Please be aware that the project shall observe an interior side
yard setback equal to 10% of the lot width (i.e., arc length at the front setback), provided,
that such side yard shall not be less than 5 feet in width and need not exceed 10 feet.
Please label the site plan with the required interior side yard setbacks.
2. Please be aware that pursuant to Section 21.48.050.A.l. of the Carlsbad Municipal Code, a
nonconforming residential structure may be continued and repaired, altered, expanded or
replaced provided that the repair, alteration, expansion or replacement does not a) result in an
additional structural nonconformity; b) increase the degree of the existing nonconformity of all
or part of the structure; and, c) reduce the number and size of any required existing parking
spaces.
In addition, pursuant to Section 21.48.060.C. of the Carlsbad Municipal Code, a nonconforming
residential structure may be expanded, so as to occupy a greater area of land or more floor area
subject to the issuance of all required discretionary/building permits, and provided that an
application for a Nonconforming Construction Permit (NCP) is submitted (see incompleteness
items above) and the following four (4) required findings of fact (Section 21.48.080.0.) of the
Carlsbad Municipal Code are found to exist:
a. The expansion/replacement of the structure and/or use would not result in an adverse
impact to the health, safety and welfare of surrounding uses, persons or property; and
b. The area of expansion shall comply with all current requirements and development
standards of the zone in which it is located; and
c. The expansion/replacement structure shall comply with all current fire protection and
building codes and regulations contained in Titles 17 and 18; and
d. The expansion/replacement would result in a structure that would be considered an
improvement to, or complementary to and/or consistent with the character of the
neighborhood.
Given the above, the proposed portions of expansion must be revised to meet all current
requirements and development standards.
3. Please increase the scale of the site plan to 1" = 10'. The 1' = 20" is too small.
• • CDP 13-22-PORTER RESIDENCE
August 19, 2013
Page 4
4. Please revise the width of the rear property line on the proposed site plan (Sheet 1). This should
be 50.87' as opposed to 30.87' (see attached red line).
5. For all new areas of expansion that are shown on the proposed site plan (Sheet 1), please label
the interior side and rear yard setback dimension (see attached redline). These areas must
conform to current development standards.
6. On the proposed floor plans (Sheet 3), please label each deck with its respective floor area.
Engineering:
1. Please revise the site plan per the enclosed red lined comments.
2. List the easements identified under items 4 and 6 of the preliminary title report prepared by
Chicago Title Company, dated May 13, 2013. Plot these easements on the site plan. If these
easements cannot be plotted, then state the reason why on the plan.
3. A one-foot offer of dedication for public street and public utility purposes shall be made along
the easterly portion of the subject lot to establish an ultimate right-of-way width of 102 feet for
Carlsbad Boulevard. Plot the proposed offer on the site plan.
4. City Standard GS-15 requires that drainage from the building foundation be established at a 2%
positive grade a minimum of five feet from the building foundation. A lesser distance requires
city engineer approval. The city engineer will not approve a lesser distance without a letter
from a registered soils engineer supporting a lesser distance. Please provide such a letter or
revise the plans to comply with City standard GS-15.
Fire Department:
No comments
'.