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Home My WebLink AboutCDP 14-05; Tierra Del Oro Residence; Coastal Development Permit (CDP)4r 4- ^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits JJoastal Development Permit ('\ nJITiehal Use PerrVm (*) (^ AO/ Care (Large) Environmental Impact Assessment Habitat Management Permit | Minor Hillside Development Permit (*) [ IVIinor Nonconforming Construction Permit ^-^^(ir'l4 \)'.J Planned Development Permit [ [Minor I [Residential | | Non-Residential Planning Commission Determination Site Development Plan [ [Minor [ [ Special Use Permit [ [ Tentative Parcel Map (Minor Subdivision) [ [ Tentative TractMap (Major SubdTvlSjqn) •Variance Mino V l'l -0^ Legislative Permits [ [General Plan Amendment [ [Local Coastal Program Amendment (*) (FOR DEPT. USE ONLY) Master Plan Specific Plan Zone Change (*) Amendment Amendment Zone Code Amendment South Carlsbad Coastal Review Area Permits Review Permit Administrative [ jviinor j [Major Village Review Area Permits Review Permit Administrative [ [Minor [ [Major *) = eligible for 25% discount NOTE: A PROPOSED^PROJECT REQUlBlNtS'MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION TVIUST BESLMBlCIriTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S). PROJECT NAME: ZIQ-0-ZO-Q8-00 err^ "v^^l^Uncg BRIEF DESCRIPTION OF PROJECT S^A^ig --P^^^U 2^^AoC^C 0 ^0^\ r MA\U.r^ ("rDP 14-05^ BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: '^O'^l 1 »(2rr^v"bg.\ Pro ON THE: BETWEEN (NORTH, SOUTH, EAST WEST) (NAME OF STREET) SIDE OF AND STREET ADDRESS (NAME OT STREET) / (NAME OF STREET) p-1 Page 1 of 6 Revised 12/13 OWNER NAME (Prftit): ^4AILING AODRESS: CITY, STATE, ZIP: TELEPHONE: EMAILADDRESS: APPLICANT NAME (Print): Carson Nolan MAILING ADDRESS: 7626 Herschel Ave. CITY. STATE. ZIP: TELEPHONE La Jolla, CA 92037 ••858 166 0351 f^SH -t|Si ^92,^( EMAILADDRESS: cnolan@islandarch.eom .THE LEQAL OVVNER AND THAT AU THE ABOVE E AND CORRECT TO THE ^ST OF MY SIGNATURE I CERTIFY THAT I AM THE LEQAL REPRESENTATIVE OF THE OWICR ANO THAT ALL THE ABOVE^t^^ORMATION IS TRUE AND CORRECT TO THE BEST OF MY I SIGNATURE APPLICANTS REPRESENTATIVE (Print): MAIUNG ADDRESS: CITY. STATE. ZIP: TELEPHONE: EMAILADDRESS: I CERTIFY THAT I AM THE LEQAL REPRESENTATIVE OF THE APPUCANT ANO THAT ALL THE ABOVE INFORMATiON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CrTY STAFF. PLANNING COIWy«IISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BHNG RECORDED ON THE TITllEvTO HIS PROPERTY IF CONOmONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AM»gBiD AjjllfcBprP1TORS IN Ih..^. . . , Gary Moyer, General Counsel, Chief Development Officer and Assistant Secretary FOR CITY USE ONLY RECEIVE! AUG 0 4 2014 CITY Oi^- CARl.SnAil pLA^!^^i^!0 !3!Vio'0M DATE STAMP APPLICATION RECEIVED RECEIVED BY Pum y nifi Revised 11/12 Concurrent Processing Agreement Tien-a Del Oro Residence (CDP 14-05/AV 15-04/CDP 15-13) 5039 Tien^ Del Oro Carlsbad- CA 92008 It is requested that the above named project be granted concurrent submittal and review of ministerial permits and approvals pertaining to the pending discretionaiy actions on the development. By signing this agreement, the applicant agrees that: 1. The construction drawings and documents that are part of the ministerial approval application may have to be revised as necessary to reflect required changes to the conditions, drawings, and documents of the associated discretionary actions. This may require addittonal review time and costs. 2. No permits for work including demolition, grading, public improvement, or building construction will be issued until: a. Final approval of the associated discretionary actions has occurred and all appeal periods have ended; b. The City has received the approved and signed permit from the customer, and c. The City has received evidence that any subsequent approvals required by other Federal. State, or local agencies are obtained by the customer or ovvner(s). Furthermore, the applicant agrees to accept all responsibilit)' for changes required to the submitted construction drawings and documents to achieve consistency with the discretionary actions for the development. TheciAtomer agrees that the City assumes no responsibility for said changes and the impacts ttoLresiHt/touhfr-development as a result. Date Sfy Moyer, General Counsfel, Chief Development Officer and Assistant Secretary Tierra Del Oro. LLC 5^ <t City of Carlsbad 9 MINOR 0 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 <t City of Carlsbad COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 P-6 www.carlsbadca.gov A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the cun-ent fee schedule for the appropriate $/square foot fee rate. ^ New Residential Square Footage: square feet x $ Isq. ft. = $ Residential Addition Square Footage: square feet x $ /sq. ft. = $_ Any Garage Square Footage: square feet x $ /sq. ft. = $_ Residential Conversion Square Footage: 537 square feet x $ 100 /sq. ft. = $ 53,700 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 $ /sc\. ft. = $ COST OF DEVELOPMENT ESTIMATE: $ 53,700 B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 0 (r\»W CX)^ »S-l^^ 2. A Coastal Development Permit ($60,000 or more cost estimate) CH 0. street address of proposed development 5039 Tierra Del Oro, Carlsbacl, CA 92008 p-6 Pagel of 6 Revised 08/13 D. Assessor's Parcel Number of proposed development 210-020-08 E. Development Description: Briefly describe project: Convert existing Guest House into Second Dwelling Unit by adding a kitchen & one additional parking space. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Single family honnes South: Single family homes East: Single family homes West: N/A - Qcean G. Is project located within a 100-year flood plain? ^ Yes \Z\ No PRESENT USE OF PROPERTY A. Are there existing structures on the property? |^ Yes CH No If yes, please describe. Single family home with Guest House B. Will any existing structure be removed/demolished? CH Yes jx] No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). LOT COVERAGE A. Existing and Proposed Existina Proposed Total Building Coverage 5,100 go. ft. 5,100 sq.ft. 5,110 sq.ft. 19 % Landscaped Area 4,000 sq. ft. 4,000 sq. ft. 4,000 sq. ft. J5 % Hardscape Area 4,300 sq. ft. 4.300 sq.ft. 4.300 sq.ft. J6 o/„ Unimproved Area (Left Natural) 14,285 sq.ft. 14,285 sq.ft. 14,285 sq. ft. 53 o/^ B. Parking: Number of existing spaces _2 Number of new spaces proposed J_ Existing/Proposed TOTAL: _3 Number of total spaces required _3_ Number of covered spaces 2. Number of uncovered spaces J Number of standard spaces .3 P-6 Page 2 of 6 Revised 08/13 Number of compact spaces Is tandem parking existing? CH Yes # [x] No Is tandem parking proposed? CH Yes # H No 0. Grade Alteration: Is any grading proposed? \Z\ Yes [x] No If yes, please complete the following: 1. Amount of cut cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope feet 5. Amount of import or export cu. yds. 6. Location of borrow or disposal site p-6 Page 3 of 6 Revised 08/13 ^ DISCLOSURE Development Services STATEMENT Planning Division CITY OF p 1635 Faraday Avenue "ARI ^RAD (760)602 4610 -•'»'^L_ JDAAL/ www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, assoclition, social club, fraternal organization, ie^ir|]orition, estate, trust, receiver, syndicate, in this and smy dtiier ciuii^, City irid counfy. city municipality, district or other political subdivision or any other group or combinalon acting as a unit." Agents may sign this document; however, the legal name and entity of the applteant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^A^^U poL-A^U Corp/Part \'S>L-A>i-^^ A^^tTg^TS Title ^d& C/APTA.<>4 Title Address TGJ^d^ ME&<x^4g-U JWE. Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) r, ^ ,^ , Tierra del Oro, LLC Person Corp/Part Title Title Owner Address Address P.O. Box 906 Rancho Santa Fe, CA 92067 P-1 (A) Page lof 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust. Title Non Profit/Trust. Title Address Address Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past hwelve (12) months? , • Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all tlia)above information is true and correct to the best of my knowledge. Signature of owner/d^ Gary Moyer, General Counsel, Chief Development Officer and Assistant Secretary Print or type name of owner 0 1r, Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 CERTIFICATION FOR TIERRA DEL ORO, LLC I certify that: \. I am now and at all times to the was the duly elected, qualified, and acting General Counsel and Assistant Secretary of Tierra del Oro, LLC, a California limited liability company (the "Company"), in charge of the minute books and corporate records of the Company. 2. Set forth below is a true copy of a resolution of the sole Manager of the Company duly adopted effective as of February 13, 2014: "RESOLVED, the following person be and he hereby is elected to the office indicated after his name to serve during the ensuing year and until his successor has been duly elected or appointed and qualified, or until his respective earlier removal in accordance with the Company's Operating Agreement, applicable law, or his death, incapacity or resignation: Gary Moyer - Chief Development Officer; General Counsel; Vice President and Assistant Secretary RESOLVED, that the scope of authority of the office of Chief Development Counsel shall be, if requested by the Manager, to (a) sign documentation to be filed as part of any development of real estate owned by the Company; and (b) appear before govemmental authorities where an officer of the Company is required to appear or where the Manager considers that appearance advisable. RESOLVED, that the scope of authority of the office of General Counsel shall be, if requested by the Manager, to advise the Manager on legal matters and, if requested by the Manger, to (a) sign documentation to be filed as part of any development of real estate owned by the Company; and (b) appear before govemmental authorities where an officer of the Company is required to appear or where the Manager considers that appearance advisable." 3. The resolutions referred to above have not been modified or,r|^cinded and is at the date of this certificate in full force and effect. id Assistant Secretary of Tierra del Oro, LLC, a California limited liability company ^ PROJECT Development Services ^ DESCRIPTION Planning Division ^ CITY OF p *1/Q\ 1635 FaradayAvenue PARI ^RAD ^'*\°l (760)602 4610 ^—JL//ALy www.carlsbadca.gov PROJECT NAME: TIERRA DEL ORO APPLICANTNAME: CARSON NOLAN Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for. or appropriateness of. the application. Use an addendum sheet if necessary. Description/Explanation: REMODEL EXISTING 962 SF DETACHED GARAGE WITH LIVING AREA AND ADD 140 SF. REMODEL EXISITING 3,327 SF TWO STORY SINGLE FAMILY RESIDENCE AND ADD 4.837 SF AND A THIRD STORY. ALSO RELATED SITE IMPROVEMENTS P-1(B) Pagelofi Revised 07/10 t I T Y OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Pianning Division 1635 FaradayAvenue (760) 602-4610 www.carisbadca.gov Consultation of Usts of Sites Related to Hazardous Wastes (Certlficatton of CompHance with Government Code Sectkm 65862.5) Pursuant to State of Califbmia Govemment Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): The devetopment project and any altematives proposed In this application are not contained on the lists compiled pursuant to Sectkm 65962.S of the State Govemment Code. CH The development project and any altematives proposed In this appllcatton sS. contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. APPLICANT Name: Carson Nolan PROPERTY OWNER Name: Address: 7626 Herschel Ave. La Jolla, CA 92037 Address: p- t>y ^Oli Phone Number: 858-456-0351 Phone Number: Address of Site: M Local Agency (City and Countv^: C^I/liJIOm , MlljO /i)iAi^jhy^ Assessor's book, page, and parcel number:. Specify list(s): Regulatory Identification Numtier:. Date of List Applicant Signature/Date TOF Gary Moyer, Gerreral Counsel, Chief Development Officer and Assistant Secretary The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the Califbmia Environmental Quality Act requirements in providing information at)out the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 TIME LIMITS ON Development Services DISCRETIONARY planning Division CITY OF PRO l^r^TS 1635 Faraday Avenue CARLSBAD PIJE/ (760) 5024510 •w» «• «k%^>i^< ifc-r r-lyC) www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date ofthe completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Pagelofi Revised 07/10 CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engmeering 1635 FaradayAvenue 760-602-2750 www.carlsbadca.gov ms'mueTioNa: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.qov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria; (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constmcted to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? X 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constmcted in accordance with the USEPA Green Streets guidance? X If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete applicant information. If you answered "no" to both questions, then go to Step 2. E-34 Page 1 of 3 Effective 6/27/13 CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. X 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. X 3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. X 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twenty-five percent or greater. X 5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot. A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. X 6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. X 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingles with flows from adjacent lands).* X 8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. X 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. X 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate poiiutants post construction? X 11.1s your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? X If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storni Water Requirements such as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your applicatlon(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this questionnaire, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no" to ail of the above questions, you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step 4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant information. E-34 Page 2 of 3 Effective 6/27/13 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 FaradayAvenue 760-602-2750 www.carlsbadca.gov Complete the questions below regarding your redevelopment project: YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% ofthe surface area ofthe previously existing development? If you answered "yes," the stmctural BMP's required for Priority Development Projects apply only to the creation or replacement of impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. CHECK TOg APPROPRIATE BiOX f^AlPim/VfUlM^ • My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. IS My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address: 5039 TIERRA DEL ORO Applicant Name: TIERRA DEL ORO, U-C Accessor's Parcel Number(s); 210-020-08 Applicant Title: Applicant Signature: Dale: This Box for City Use Only City Concurrence: YES NO By: Date: Project ID: * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27/13 mxmm KEQUF > m AND KUI, TO ¥ VMSSfa. XAjbtfi uoaat ao^onal ComiilBaieea STKBOf ast, Htsalon Oor^ Rd.. St«, 820 cmr San Diego. CA 933.20 578 BOOK Wt» „ KCCOROEO R£O0£ST Of 79-049669 hiHMMA jM*jes iSae^ M 4 S3PH»1S SAK PgCO COAST WOKHM. COMIISSICMgcif REKOMS MCOfiDER ACBESMEHT 1MP03BB RiOTillCTlMS OM 01E60 COUHTf. MUP. REAL msisrn Ihis asrcencnt la aide this .T^l day of January WILLIAM P. BARLOW, and ^ , AGUES E. BARLOW , hcixinarter refomd to as '"Permittee," tnd tho San THJSBP Coast fieeionil Cooalssiati HUEKStS, PerDittce is tho oiocr tor dcsoiiix other Intopeot of Poxaitte^J of the following described real property in tha Caaaty of San aUgO; Lot 8 of Tierra del Pro SuMlvision in tho Cit:v of Carlsbad, Comty of San Diego, State ot California, according to Map thereof 3052 filed in the Office of the County Recorder for gan Diego County, February 4, 1954. VSatStSf parsusat to tbs Csdifoisla Coastal Act of I976 (Public Ssjsoiirces Code 30000 ct seq) Pettid*te« has sought la Application So. F7592 a p«iwit foi" the folloKins descrliwd devslojnsnt: R«Eftis...ML^..HBflyMittq,, ffif,...i?>, MjjgtAng rip-rac. s'eawgn^ at the base of the bluff. K!&Si£AS, th« S«> CicQO Coast Hccion*! Cooailssicn Kis dctcftdnod to iasua a pomit for this dcveXoi7r,cr.t subject to conditioas »hi£}i arc inrpcsod for the benefit of the publie and ourKandine landowners, and vdthesat ssrccocnt to v;i>±eh by Pora;,ttee no peittit could, ba issued; KOU tKsEStSE, tn ccnsideration of tho issuance of tho dcvaLopacnt petnit and of tfco benefit conferred thereby oa the subject property, Pormittee liereby ecwcnanta and and asrccs Kith the Sen Plcca Coast Boslaial Coetiidslan to the follovdng restriction upon the possession, use, and cnjoyijont of the subject properly, wtiich restriction Ehall bo attached to and becocsc a part of the deed to the pn^rty; The public Shall be pennitted to walk, sit, swim and otherwise similarly use the portion of said property., lying, waategly .of , the ,goUovf,tng <lBsr.ribed line; A straight line.connecting a point in the Northerly line of said Lot 8 distant 204 feet-from Horttteasterlv corn^tr af jM S. i-n if paint xn the southerly line of said Lot 8 distant 261 feet from the Southeasterly corner Qf Irtife, fli, .flmjl .gflg sQaYmjiaace. Indinat.fifl. nn attachment "X". pemittes ^eknovledces tlat any violation of this deed restriction will eonstltvte » vicIUtian of the Califomia Coastal Act of 1976 and of Perait i<c. g7592 ^ .„,j ,^11 subjcet fermitLco or any tAHvr person yXolatine ^)>o <!ccd restriction to suit aa provided by the Coastal Act. • XT XS fVKTUI-Tt KBCOCtililED that thl:i ccrcoaicat nnd deed restriettan is a eovenia'' Ttmoine vllh the lend end >*!hal.l bind Vondttee, and- ell auccessoro end asal0i9 of Pennil If Mvy |>ortiui of tH.^ subject prcfwrty shwild boroofter bo tiauvcyed, Uio eottn^anea aluilj ecnUin y»;^trXetiai crcaUd by tbis aerceaent. > (wner/t'otutttco 1^ ( jr I hi l-»mttt«-o la otf or t!nn tho Owusi- i>ilhiilile» uul bXe/t hora the Omor wiut 2J • W teaJl yrofwrty ——-—— Page 2 RROJBCT MO. r 7592 STiOE or CAZIKSQtZA OCflSK Cff SAM DIEGO ss. On AGNES E . IBABLOW perwitt«?5" __« J-9 t before me, the andersJLgped Sotaiy publlci personally mppwtA WILLIAM P. BABLOW and .AGNES E. BARLOW knom to a» to be the persons idwss names axe std^scrlbed to the forego^ instrunent aad acIoiraiLedeed to me that tbey e^cuted the same. mtness ay hand and of ficial saia the day end'year in tlie certificate first above vrittcn. OtfiCiM SEM. MARIE E. QUISENBERRY NOIAKT IM8UI. . CMIFDdNM j PXiNCIPM WFICt IN SAN OltSO COUNTY My Conttnukn EKpues July V. iStA 70 BE rrr.ro nr ET cotaassiai Hotaz? FuhUe^ ia and for the Coanty of iAm,4M*^ Sfcafca of caHitomiia''"**^ This ia to ccrti:^ that the deed restriction aet forth above, plated j.^G^'H. 19 Oilj, and signed by (^IkXtftrr^ p. Sm.k.d<^ and /j^Aigg M;. ^^=Le^O^ Pennittee, is hereby accepted hy order of the Sm Dlego Coast Regional CcDBdssicn en l-'^l-:?f and said CaoBdjBSian consents to recordation Uiereof by its ExecutiTe Oireetor, its duly authorised officer. ExBCtttiva "I Sffi Ciega Coast Bsgiaaal Comrtsg1« SUSS QP CAUKiEiNIA r Oa this __,i2lf!l_day of. undewiaoed Hotaiy PubUc, personally ^az«d ^ C^S^d/HJL •<C->tii„*l »y 19 J3~—> ^^'""^ "^t the knom to me to lw the Exeeotlv* Director of the San Oiego Coast Regicn&L Cooaisslan and Iau»n to me to be the person i^ .executed the foregoing instrument cxs behalf of said CeniBlsaim. rs^ acknoiOedged to ae that such Comnisslaa executed the same. Witness TSS hand aod offlotal seal the day and yt*sFT3^ the cer^licate firat above written, C< state of California ' Q • L% CMMMM eek« «^ If. iw \ 3 MAP 3052 • TIERRA OEL ORO JUSTIFICATION FOR VARIANCE 5039 TIERRA DEL ORO, CARLSBAD, CA CDP 14-05/V 14-04 February 12, 2015 1. There ARE exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because the developable portion of the site is constrained between the street and costal bluff. Due to 1) stringline setback requirements for structures and rear yard amenities, 2) the required front and side yard setbacks, and 3) the curved street side cul-de-sac property line (irregular shaped lot); less than 18% percent ofthe site is developable. Application of both the 20-foot front yard setback and structural stringline setback reduces significantly the area of development. The proposed design shifts eastward, from the 1959 non-conforming building footprint, to adhere to all current stringline requirements. (The proposed basement footprint moves approximately 21 feet and main level 12 feet eastward.) Therefore, setbacks applicable to the subject lot result in a significantly smaller buildable area than that of comparable sized lots. Additionally, other residences have been developed with 10-foot or less front setbacks or have received approval of variances for 10-foot front setbacks. The following properties along Tierra Del Oro have received variances for the front yard setback: a. McGuire Residence (AV 04-02) - 5035 Tierra Del Oro - August 23, 2004 - Reduced front yard setback from 20 ft. b. Casa di Mare (AV 04-03) - 5019 Tierra Del Oro - June 8, 2004 - Reduced front yard setback from 20 ft. to 10 ft. c. Bengali Residence (AV 05-07) - 5029 Tierra Del Oro - February 7, 2006 - Reduced front yard setback from 20 ft. Additionally the House at 5040 Tierra Del Oro with proposed deck and the houses at 5031 and 5036 Tierra Del Oro both have structural and roof eave reduced front yard setbacks. There ARE exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because the developable portion of the site is constrained between the street and coastal bluff. 2. The granting of the variance will NOT constitute a grant of special privileges. The existing garage, legally constructed in 1959, encroaches into today's front and side yard setback requirements. The proposed project leaves the existing exterior walls in their current location but slightly increases the wall height from eight to nine feet. The roof slope changes from +1-1:12 to 4:12 while reducing the overhang from over three feet to two feet. The adjacent houses along West side of Tierra Del Oro have a solid 6' high privacy wall encroaching into the front yard setback. This property also features an existing gate and wall that continues along this nonconforming line and connects to the northern corner of the garage. We are proposing to remove this wall and shift it 2' back, from its original location, to provide articulation along the street. The wall will also vary in height. The garage parapet wall will wrap and create the proposed wall plane connecting to a 8' high solid gate, 6' wall, and open gate to maintain the ocean view visible from the nearest public street along the northern border of the property. The requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by many other properties in the same vicinity and zone but which, absent the variance, would be denied to the subject property. Other homes and related structures in the neighborhood were originally built with 9-10 foot front street yard setbacks establishing the normal pattern of structural placement. Variances for front, and side yard setback reductions have been granted to many other properties in the same zone and vicinity (including one directly across the street) because of the constraints associated with the beachfront development limitations and the cul-de-sac radius of the street. The proposed reduction to 8 feet is reasonable and still wider setback than many other homes along Tierra Del Oro. The granting ofthe variance will NOT constitute a grant of special privileges. 3. The granting of the variance does NOT authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the property. The proposed design will result in the remodel of the existing guest bedroom and garage maintaining their current use while updating their appearance and functionality. The granting of the variance does NOT authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the property. 4. Granting of the variance IS consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plan because the proposed use will remain as a single family home consistent with the RLM density designation. The proposed project does not change the use or density of the property. Further, the granting of this variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because the neighborhood was originally developed with reduced front yard setbacks. Granting of the variance IS consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plan because the proposed use will remain as a single family home consistent with the RLM density designation. 5. The variance IS consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. The existing front and side yard encroachments are located at the apex of a cul-du-sac. All new development in the project maintains ocean views visible from the nearest public street along the northern border of the property. The areas requiring the variance are located along the Eastern boundaries ofthe property and will not adversely affect any coastal resources. The variance IS consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. CLTA STANDARD COVERAGE POLICY OF TITLE INSURANCE Issued By: CHICAGO TITLE INSURANCE COMPANY Policy Number: 73712018270 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSUFiANCE COMPANY, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and, in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Chicago Title Insurance Company By: Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Countersigned By: Authorized Officer or Agent President Attest: Secretary CLTA standard Coverage Policy (01/01/1990) Printed: 01.28.14 @ 01:34PM CA-CT-FWDO-02180.055820-SPS-72067-1-13-73712018270 CHICAGO TITLE INSUF^CE COMPANY POLICY NO. 73712018270 SCHEDULE A Dateof Policy Amount of Insurance Premium Junes, 2013 at 03:49PM $4,500,000.00 $4,848.00 1. Name of Insured: Tierra del Oro, LLC, a Calfornia Limited Liability Company 2. The estate or interest in the land which is covered by this policy is: Fee 3. Title to the estate or interest in the land is vested in: Tierra del Oro, LLC, a Calfornia Limited Liability Company 4. The land referred to in this policy is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED END OF SCHEDULE A CLTA Standard Coverage Policy (01/01/1990) Printed: 01.28.14 @ 01:34Piy CA-CT-FWDO-02180.055820-SPS-72067-1-13-73712018270 EXHIBIT "A" Legal Description ForAPN/ParcellD(s): 210-020-08 Lot 8 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 SanDiego County, February 4, 1954. Excepting that portion now or heretofore lying below the mean high tide line of the Pacific Ocean. CLTA standard Coverage Policy (01/01/1990) Printed: 01.28.14 @ 01:34PI\^ CA-CT-FWDO-02180.055820-SPS-72067-1 -13-73712018270 CHICAGO TITLE INSURANCE COMPANY POUCY NO. 73712018270 SCHEDULE B 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: PARTI 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, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by 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 matter 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 pubiic records. END OF SCHEDULE B - PART I CLTA standard Coverage Poiicy (01/01/1990) Printed: 01.28.14 @ 01:34PM CA-CT-FWDO-02180.055820-SPS-72067-1 -13-73712018270 CHICAGO TITLE INSUFiANCE COMPANY POLICY NO. 73712018270 SCHEDULE B EXCEPTIONS FROM COVERAGE PART II 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. 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. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas & Electric Company Purpose: public utilities and incidental purposes Recording Date: June 14, 1955 Recording No.: in Book 5679, Page 367, Official Records Affects: the most Northeasterly 4.0 feet 4. Matters contained in that certain document Entitled: Agreement Imposing Restrictions on Real Property Dated: January 31, 1979 Executed by: William P. Barlow and Agnes E. Bartow, husband and wife and the San Diego Coast Regional Commission Recording Date: January 31, 1979 Recording No.: 79-049669, Official Records Reference is hereby made to said document for full particulars. 5. Any adverse claim based upon the assertion that some portion of said Land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 6. Any rights, interests, or claims of parties in possession of the Land not shown by the public records. END OF SCHEDULE B - PART II CLTA standard Coverage Policy (01/01/1990) Printed: 01.28.14 @ 01:34PM CA-CT-FWDO-02180.055820-SPS-72067-1-13-73712018270 CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73712018270 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded fronn 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 bullding or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (il) 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 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 l<nowledge. 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 l^nown 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 wouid 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 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. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used In this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named Insured, those who succeed to the Interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributes, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (I) the owner of the Indebtedness secured by the insured mortgage and each successor In ownership of the indebtedness except a successor who Is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the Indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an Insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the Indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant": an Insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured In Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be Imputed to an Insured by reason of the public records as defined in this policy or any other records which Impart constructive notice of matters affecting the land. (f) "land": the land described, or referred to in Schedule A, and Improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land Is Insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title" an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described In Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of mari<etable title. CLTA standard Coverage Policy (01/01/1990) Printed: 01.28.14 @ 01:34PM CA-CT-FWDO-02180.055820-SPS-72067-1 -13-73712018270 CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73712018270 (continued) 2. CONTINUATION OF INSURANCE (a) After Acquisition of Title bv Insured Lender. If this policy insures the owner of the Indebtedness secured by the Insured mortgage, the coverage of this policy shall continue In force as of Date of Policy In favor of (1) such insured lender who acquires all of any part of the estate or interest in the land by foreclosures, trustee's sale, conveyance In lieu of foreclosure, or other legal manner which discharges the lien of the Insured mortgage; (11) a transferee of the estate or interest so acquired from an Insured corporation, provided the transferee Is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iil) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the Indebtedness secured by the Insured mortgage. (b) After Convevance of Title bv an Insured. The coverage of this policy shall continue In force as of Date of Policy In favor of an insured only so long as the Insured retains an estate or interest In the land, or holds an Indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the Insured shall have liability by reason of covenants or warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue In force in favor of any purchaser from an Insured of either (I) an estate or Interest In the land, or (ii) an indebtedness secured by a purchase money mortgage given to an Insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (I) the amount of insurance stated In Schedule A; (il) the amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the Insured mortgage prior to the time of acquisition of the estate or Interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) the amount paid by any governmental agency or governmental instrumentality. If the agency or instrumentality is the insured claimant, in the acquisition of the estate or interest In satisfaction of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT An insured shall notify the Company promptly In writing (1) in case of any litigation as set forth in 4(a) below, (ii) In case knowledge shall come to an Insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the Insured mortgage, as Insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (III) If title to the estate or interest or the lien of the Insured mortgage, as Insured, is rejected as unmari<etable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by an insured and subject to the options contained In Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as Insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter Insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such Insured to object for reasonable cause) to represent the Insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not Insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the Insured mortgage, as Insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights underthis paragraph, it shall do so diligently, (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right. In Its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense In the action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (1) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (il) In any other lawful act which In the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an Insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. CLTA Standard Coverage Policy (01/01/1990) Printed; 01.28.14 @ 01:34PM CA-CT-FWDO-02180.055820-SPS-72067-1 -13-73712018270 CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73712018270 (continued) 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each Insured claimant shall be furnished to the Company within ninety (90) days after the Insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect In, or lien or encumbrance on the title, or other matter Insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company Is prejudiced by the failure of an Insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall tenninate, Including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or damage. All Information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall riot be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an Insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary Information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability ofthe Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pav or Tender Pavment of the Amount of Insurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses Incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the Insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incun-ed by the insured claimant which were authorized by the Company up to the time of purchase and which the Company Is obligated to pay. If the Company offers to purchase the Indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefore. Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required In that paragraph, shall terminate. Including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for In paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pav or Othenwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or othenwise settle with other parties for or in the name of an insured claimant any claim Insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses Incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(il), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF UABILITY This policy Is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2(c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the Insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with Interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the Insured estate or interest subject to the defect, lien or encumbrance Insured against by this policy. (b) In the event the insured lender has acquired the estate or interest In the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. CLTA Standard Coverage Policy (01/01/1990) Printed: 01.28.14 @ 01:34PM CA-CT-FWDO-02180.055820-SPS-72067-1-13-73712018270 CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73712018270 (continued) (c) The liability of the Company under this policy to an insured owner of the estate or interest In the land described in Schedule A shall not exceed the least of: (I) the Amount of the Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance Insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses Incurred in accordance with Section 4 of these Conditions and Stipulations. 8. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the Insured mortgage, all as Insured, In a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any Iltigati9n, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a flnal determination by a court of competent jurisdiction, and disposition of all appeals there from, adverse to the title, or, if applicable, to the lien ofthe insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any Insured for liability voluntarily assumed by the Insured In settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (il) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of Insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2.a. of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such Insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided In no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all Ilability of the Company to an Insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy Insuring a mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which Is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an Insured lender, unless such Insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an Insured mortgage. 11. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest In the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be enfitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle In the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies In the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. CLTA Standard Coverage Policy (01/01/1990) Printed: 01.28.14 @ 01:34PM CA-CT-FWDO-02180.055820-SPS-72067-1 -13-73712018270 CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73712018270 (continued) If loss should result from any act of the Insured claimant, as stated above, that act shall not void this policy, but the Company, In that event, shall be required to pay only that part of any losses Insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the Impairment by the Insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner ofthe indebtedness secured by an insured mortgage, provided the priority ofthe lien ofthe insured mortgage or Its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or Interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of titie or interest adverse to the title to the estate or Interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses Insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the Impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result ofan indemnity, guarantee, other policy of Insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(1) of these Conditions and Stipulations. 13. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is One Million And No/100 Dollars ($1,000,000) or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of One Million And No/100 Dollars ($1,000,000) shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules In effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Titie Insurance Arbitration Rules. A copy ofthe Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY In the event any provision of the poticy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: Chicago Titie Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department END OF CONDITIONS AND STIPULATIONS CLTA Standard Coverage Policy (01/01/1990) Printed: 01.28.14 @ 01:34PM CA-CT-FWDO-02180.055820-SPS-72067-1 -13-73712018270 OF CAUFORHIA 5740 Fleet Street. Suite 130 Carlsbad CA 92008 Escrow Branch Phone: (760) 602-9442 Escrow Officer's Direct Line: (760) 602-9442 Fax: (760)602-9070 PRELIMINARY REPORT APPROVAL Date: April 24,2013 Escrow No: Order No: Property Address: 00162947-016-DJ 73712018271 5039 Tierra Del Oro, Carlsbad, CA 92008 The undersigned hereby acknowledges that they have received and read a copy of the preliminary report of title issued by Chicago Title Company under the above referenced order number and hereby approve same in its entirety. The undersigned further acknowledges receipt of a copy of the Covenants, Conditions and Restrictions, if applicable, as set forth in the preliminary report and hereby approve same as well: At the close of Escrow, the policy of title insurance issued m connection with this transaction will contain only the following items: 2, 3; 5-8, PLUS those items that will reflect the documents being recorded through this escrow. The following items are to be eliminated: 1, 4, 9-12 BUYER: Tierra del Oro, LLC AutK6r}&ed Agent Name and Title: 1 :1 ! t/l.r |SiT)ne-1'TOU iVI <^ ^ L-1 TOOia YVd IJ-.LQ fT0Z/9Z/T0 PRELIMINARY REPORTT-ORM Prelim Number: Issued By: (D CHICAGO TITLE COMPANY 73712018270 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 Exclusions 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 clause, ail arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the poticy forms should be read. They are avaiiable 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 ai policy of title insurance, a Binder or Commitment shouid 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 terms of the title insurance policy and should be carefully considered. It Is important to note that this preliminary report is not a written representation as to the condition of titie and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Insurance Company By: Countersigned By: Authorized Officer or Agent President Attest: Secretary CLTA Prefiminary Report Form - Modified (Adopted: 11.17.2006) Printed: 11.16.12 @ 03;48PM CA-CT-FWDO-02180,055820-SPS-1-12-73712018270 ZOOlgj XVd ZT'LO fJQZ/9Z/T0 CHICAGO TITLE COMPANY PRELIM NO. 73712018270 ORDER NO. 73712018270 ]::--'iw^^ V.':-.::.^^V;.::;;F0R:SETTLEM Title Officer: Patty Meredith Chicago Titie Company 2365 Northside Drive, Suite 600 San Diego, CA92108 Phone: (619)521-3449 Fax: (619)521-3652 Main Phone: (619)521-3500 Email: patty.meredith(gctt.com Property Address(es): 5039 Tien-a De! Oro, Carlsbad, CA 92008 Effective date: November 9, 2012 at 07:30AM The form of Poiicy or Poiicies of Titie Insurance contemplated by this Report is; ALTA Homeowner's Policy of Title Insurance 2010 ALTA Loan Policy 2006 1. The estate or interest in the Land hereinafter described or referred to covered by this Report is: Fee 2. Title to said estate or interest at the date hereof is vested in; Susan M. Loyd, Trustee of the William P. Barlow Living Trust Declaration of Trust dated 6/5/89 FBO Susan M. Loyd (said Trust is also referred to as the SML Barlow Trust U/D/T 6/5/89) 3. The Land referred to in this Report is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (Adopted: 11,17.2006) Printed: 11.16.12 @ 03:48PM CA-CT-FWDO-02180.055820-SPS-1 -12-73712018270 cooia YVd Zi:iO flOZ/9Z/TQ EXHIBIT "A" Legal Description For APN/Parcel ID(s): 210-020-08 Lot 8 of Tierra Del Oro, in the City of Cartsbad, County of San Diego, State of California, according to Map thereof No, 3052, filed in the Office of the County Recorder of SanDiego County, February 4, 1954. Excepting that portion now or heretofore lying below the mean high tide line ofthe Pacific Ocean. CLTA Preliminary Report Form - Modified (Adopted: 11.17.2006) Printed: 11.16.12 @ 03:48PM CA-CT-FWDO-02180.055820-SPS-1-12-73712018270 f'OOlll XVd Zl-.LO \rT0Z/9Z/TQ CHICAGO TITLE COMPANY PRELIM NO. 73712018270 At 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, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment; Penalty: 2nd Installment; Penalty and Cost; Homeowners Exemption; Code Area; 210-020-08-00 2012-2013 $1,210.84, open $121.08 (Due after December 10) $1,210.84, open $131.08 (Due after April 10) $7,000.00 09000 The lien of supplemental taxes, if any, assessed pursuantto the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California. 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 Recording Date; Recording No.; February 4, 1954 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: Recording No.: February 13, 1958 in Book 6948, Page 511, Official Records 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 most Northeasteriy 4.0 feet 5. Matters contained in that certain document Entitled; Agreement Imposing Restrictions on Real Property Dated; January 31, 1979 Executed by: William P. Barlow and Agnes E. Barlow, husband and wife and the San Diego Coast Regional Commission Recording Date: January 31, 1979 Recording No.; 79-049669, Officia! Records Reference is hereby made to said document for full particulars. Any adverse claim based upon the assertion that some portion ofsaid Land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. CLTA Preliminary Report Form - Modified (Adopted: 11.17,2006) Printed: 11.16.12 @ 03:48PM CA-CT-FWDO-02180.055820-SPS-1 -12-73712018270 soo^a XVd ZX--LO fJOZ/SZ/JO CHICAGO TITLE COMPANY PRELIM NO. 73712018270 7. Any interest, claims or rights in favor of the public to traverse any portion of the herein described land for the purposes of accessing the body of wayer commonly l<nown as the Pacific Ocean, located along the Westeriy boundary of said land for beach and recreationai purposes. 8. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediateiy for further review prior to closing. 9. The requirement that the death of William P. Bariow be established of record. 10. Any invalidity or defect in the title of the vestees in the event that the trust refenred 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. 11. 12. If titie 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 Caiifornia 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 wiii require a full copy of the trust agreement and any amendments thereto. Any rights, interests, or claims of parties in possession ofthe Land not shown by the public records. Any rights, interests or claims, which are not shown by the public records but which could be ascertained by an inspection ofthe 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 shal! 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: 11.16.12 @ 03:48PM CA-CT-FWDO-02180.055820-SPS-1-12-73712018270 900ia XVd ZT-LO fJOZ/gZ/JO CHICAGO TITLE COMPANY ~ PRELIM NO. 73712018270 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 wili disburse by Wire (Wire-out) oniy collected funds or funds received by confinned Wire (Wire-in). . Wiring Instructions for Chicago Title Company, San Diego, CA, are as follows: Receiving Bank: Union Bank 1980 Saturn Street Monterey Park, CA 91755 ABA Routing No.; 122000496 Credit Account Name; Chicago Title Company Credit Account No.; 9101051077 Escrow No.: 73712018270 These wiring instructions are for this specific transaction involving the Title Department ofthe 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 cail the company at the number provided in this report. 5. Your application for titie 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 the Company and/or the settiement 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 additionai 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. 7. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 8. Note; None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. CLTA Preliminary Report Form - ModiHed (Adopted: 11,17.2006) Printed: 11.16.12 @ 03:48PM CA-CT-FWDO-02180.055820-SPS-1-12-73712018270 ^"""^ XVd ZX-.LQ fTQZ/9Z/T0 CHICAGO TITLE COMPANY PRELIM NO. 73712018270 Note; The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a single family residence , known as.5039 Tierra Del Oro, Carisbad, CA, to an Extended Coverage Loan Policy. END OF NOTES CLTA Preliminary Report Form - Modified (Adopted: 11.17.2006) Printed: 11.16,12 @ 03,48PM CA-CT-FW/DO-02180,056820-SPS-1 -12-73712018270 sooia XVd CT:i.O fT0Z/9Z/T0 City of Carlsbad Faratiay Center Faradav Cashiering 001 U3220M 1V^8/20U ^36 Tue, Nov 18, 2014 01:54 PM Receipt Ref Nbr: R1432201-1/0011 PERMITS - PERMITS Tran Ref Nbr: 143220101 0011 0013 Trans/Rcpt#: R0105585 SET #: VI400004 Amount: 1 i $2,827.00 Item Subtotal: $2,827.00 Item Total: $2,827.00 1 ITEM(S) TOTAL: $2,827.00 Check (Chk# 127312) $2,827.00 Total Received: $2,827.00 Have a nice day! **************[;[JSJ0MER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: ISLAND ARCHITECTURE/NOLAN CARSON Description V1400004 5039 TIERRA DEL ORO ST CBAD Amount 2, 827 . 00 Receipt Number: R0105586 Transaction ID: R0105586 Transaction Date: 11/18/2014 Pay Type Method Description Amount Payment Check 2,827.00 Transaction Amount: 2,827.00 City of Carlsbad Faraday Center Faraday Cashiering 001 1509301-2 04/03/2015 149 Fri, Apr 03, 2015 03:02 PM Receipt Ref Nbr: Rl509301-2/0044 PERMITS - PERMITS Tran Ref Nbr: 150930102 0044 0055 Trans/Rcpt#: R0108114 SET #: AVI50004 Amount: 1 @ $751,00 Item Subtotal: $751.00 Item Total: $751.00 PERMITS - PERMITS Tran Ref Nbr; 150930102 0044 0056 Trans/Rcpt#: ROI08113 SET #: CDP14005 Amount; 1 li $43.12 Item Subtotal: $43.12 Item Total: $43.12 PERMITS - PERMITS Tran Ref Nbr: 150930102 0044 0057 Trans/Rcpt#: R0108115 SET #: CDP15013 Amount: 1 @ $855.00 Item Subtotal: $856.00 Item Total: $856.00 3 ITEM(S) TOTAL: $1,650.12 Check (Chk# 0107) $1,550.12 Total Received: $1,650.12 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: NOLAN CARSON Description Amount AV150004 751.00 5039 TIERRA DEL ORO ST CBAD Receipt Number: R0108114 Transaction ID: R0108114 Transaction Date: 04/03/2015 Pay Type Method Description Amount Payment Check 751.00 Transaction Amount: 751.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! Applicant: ISLAND ARCHITECTS/NOLAN CARSON Description CDP14005 5039 TIERRA DEL ORO ST CBAD Amount 43.12 Receipt Number: R0108113 Transaction ID: R0108113 Transaction Date: 04/03/2015 Pay Type Method Description Amount Payment Check 43.12 Transaction Amount: 43.12 City of Carlsbad Faraday Center Faraday Cashiering 001 1405701^1 02/26/2014 32 Wed, Feb 26, 2014 10:29 AM Receipt Ref Nbr; Rl405701-1/0008 PERMITS - PERMITS Tran Ref Nbr- 140570101 0008 0008 Trans/Rcpt#: RCI00074 SET #: CDP14005 Amount: 1 @ $1,414,12 Item Subtotal: $1,414.12 Item Total: $1,414.12 1 ITEM(S) TOTAL; $1,414,12 Check (Chk# 0106) $1,414.12 Total Received: $1,414.12 Have a nice day: ;f:|:* + :t;***+:*****CIJSTOMER COPY************* city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 Applicant: MEADE MICHELLE Description Amount CDP14005 1,414.12 5 03 9 TIERRA DEL ORO ST CBAD Receipt Number: R0100074 Transaction ID: R0100074 Transaction Date: 02/26/2014 Pay Type Method Description Amount Payment Check 1,414.12 Transaction Amount: 1,414.12 RECEIPT mmsimmsmm Certifit' 1 Ma < [MU. 3 .^-5 Extra irvic'iiri-ee:. (c/i*,. /Tj'oxi baa'/ Qjii«tern Re : >ipt fhsrdcopy) S ["^^t: n Re ; lipt (e!<;c'ronic £ nCef'-'ied M 111 Rf^sttlctQd I^ ^livtiry 3i QAdiJ' Sfgn.,;ur9 Riiquirod S [[^l^'dii)* Stgn-stura RMtrictwJ Delivety S Total $ •; .K., •; .K., •; .K., f O / •; .K., •; .K., •; .K., •; .K., •; .K., ^""'^•^ CALIFORNIA COASTAL COMMISSION ' Sfreati guiTE 103 7575 METROPOLITAN DRIVE mm SAN DIEGO CALIFORNIA 92108-4402 FIL£ Ccityof Carlsbad NOTICE OF FINAL AaiON COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION VIA CERTIFIED MAIL ON June 9. 2015 Application #: CDP 15-13 Decision Date: June 9. 2015 Case Name: Tierra Del Oro Residence Applicant: Carson Nolan (Island Architects) Address: 7626 Herschel Avenue, La Jolla. CA 92037 Phone: (858) 459-9291 Agent (if different): same as applicant Address: same as applicant Phone: same as applicant Project Description: Minor Coastal Development Permit for the construction of a 537 square foot second-dwelling unit (SDU) attached to the main dwelling. Paricing for the SDU will be provided bv a single parking space located within the front vard. Project Location: 5039 Tierra Del Oro. Carlsbad. CA ACTION: • APPROVED 13 APPROVED WITH CONDITIONS • DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: • NOT APPEALABLE TO THE COASTAL COMMISSION. ^ APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified bythe 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 IVIetropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: - City of Carlsbad Notice of Decision dated June 9, 2015 (includes findings and conditions). The time within which judicial review of this decision must be sought Is governed by Code of CIvll 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 ofthe 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, CityofCarlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 760-602-4600 I 760-602-8560 fax state of California—Natural Resources Agency CALIFORNIADEPARTMENTOF FISH AND WILDLIFE 2015 ENVIRONMENTAL FlUNG FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# SD2015 0487 STATE CLEARING HOUSE #(ifappiioabie) LEADAGENCY CITY OF CARLSBAD PLANNING DIVISION DATE 06/02/2015 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20150487* PROJECTTmE CDP 14-05/AV 15-04/CDP 15-13 - TIERRA DEL ORO RESIDENCE PROJECTAPPLICANT NAME PHONENUMBER CARSON NOLAN, ISLAND ARCHITECTS 858-459-9291 PROJECTAPPLICANT ADDRESS crrr STATE ZIPCODE 7626 HERSCHEL AVENUE LA JOLLA CA 92037 PROJECT APPLICANT (Checl< appropriate box): Q Local PublicAgency School District Q Other Special District Q State Agency 1^ Private Entity CHECK APPLICABLE FEES: • Environmental Impact Report (EIR) • Negative Declaration (ND){MND) • Application Fee Water Diversion (Sfafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs (CRP) (Zl County Administrative Fee 1^ Project that is exempt from fees • Notice of Exemption • CDFW No Effect Determination (Form Attached) • other PAYMENT METHOD: • Cash • Credit E) Check • Other CHK30592 $3,069.75 $ $2,210.00 $ $850.00 $ $1,043.75 $ $50.00 $ $50.00 TOTALRECEIVED $ $50.00 SIGNATURE XL THIE Deputy City of Carisbac JUL 0 9 2015 Planning Division ORIGINAL - PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG763.5a (Rev 11/12) SENDER: COIVIPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the bacl< of the mailpiece, or on the front if space permits. 1. Article Addressed to: CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CALIFORNIA 92108-4402 llllllllllllllllllllllllllllllilllllllllllllll ^S^D ^MDl 0032 5071 ^733 17 2. Article Number (Transfer from service label) 7D1S Ot.^D DODb mS4 PS Form 3811, April 2015 PSN 7530-02-000-9053 D. Is delivery adciress different from item 1? • Yes If YES, enter delivery address below: • No 3. Service Type ID Adult Signature Q^Adult Signature Restricted Delivery )i£ertified Mail® • Certified Mail Restricted Delivery IJ Collect on Delivery in Collect on Delivery Restricted Delivery in inci iroH ^^ai| L B D Delivery 1_ • Priority Mail Express® • Registered Mair^ • Registered Mai! Restricted Delivery • Return Receipt for Merchandise • Signature Confirmation^'^ • Signature Confirmation Restricted Delivery Domestic Return Receipt UNITED STATePI«»Sf-]8l:iS»«i|eE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 IW<j13iL • Sender; Please print vour name, a PLANNING DIVISION 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 nd ZIP+4® in this box* USPSTRACKING# 15^0 mOl DD3a 5D71 M733 3.7 Er^st J. Dronenburg, Jr. 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 #: 342269120150602 Deputy: ASTEVENS Location: COUNTY ADMINISTRATION BUILDING 02-Jun-2015 12:56 FEES: 50.00 Qty ofl Fish and Game Filing Fee for Ref# NOE 50.00 TOTAL DUE PAYMENTS: 50.00 Checic 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 NOTICE OF EXEMFTION ft. 0 [L 1 ® Emesl J Dronentxirg. .lr. Recorder Cfiuntj Clftk To: SD County Clerk Attn: James Scott 1600 Pacific Highway, Suite 260 PO Box 121750 San Diego, CA 92101 JUN 02 2015 From: CITY OF CARLSBAD gy /{rKlLef Sf^C Planning Division DEPUTY 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 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 14-05/AV 15-04/CDP 15-13 - Tierra Del Oro Residence Project Location - Specific: 5039 Tierra Del Oro Street Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: The proiect includes the approval of a Coastal Development Permit (CDP 14-05) and Minor Variance (AV 15-04) to 1) allow for the demolition of an existing 3.056 square foot one-story single-family residence with basement and a partial demolition of an existing detached 528 sauare foot two-car garage with a 432 square foot guest house; 2) allow for the remodel, expansion, and attachment of the existing two-car garage and guest house to a new two-storv single-family residence with basement totaling 8.845 square feet of living area along with construction of related site improvements, including a new swimming pool: and 3) allow for a reduced front vard setback from 20'- 0" to 8'-9%" and a reduced side yard setback from 7'-6" to 4'-4y2" to preserve the established development footprint ofthe existing garage/guest house; and a reduced front vard setback from 20'-0" to 12'-6%" for the replacement of a newly designed front entrv courtyard wall with decorative wood gate and iron view fence greater than forty-two inches in height. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Carson Nolan. Island Architects Name of Applicant: Carson Nolan. Island Architects Applicant's Address: 7626 Herschel Avenue. La Jolla, CA 92037 Applicant's Telephone Number: (858) 459-9291 Exempt Status: [Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: Section 15301(l)-Class 1. Section 15303(a)- Class 3. and Section 15305(a)-Class 5 • • Statutory Exemptions - State code number: General rule (Section 15061(b)(3)) Revised 05/13 ;tflliis Reasons why project is exemPii CEQA Section 15301(1) - Existing StructWes. is a Class 1 exemption that includes demolition and removal of small structures, such as but not limited to. one single-family residence. Consistent with this section, the proiect includes the demolition of one (1) existing single- family residence in preparation for the construction of a new single-family home along with the remodel of an existing accessorv structure consisting of a two-car garage and guest house. CEQA Section 15303(a) - New Construction or Conversion of Small Structures, is a Class 3 exemption that includes the construction of one single-family residence or second dwelling unit in a residential zone. Consistent with the section, the proiect is proposing to construct a new single-family residence in place of an existing single-family residence, which is located on a residentially zoned propertv (i.e.. R-l Zone). CEQA Section 15305(a) - Minor Alterations in Land Use Limitations, is a Class 5 exemption consisting of minor alterations in land use limitations in areas with an average slope of less than 20%. which do not result in anv changes in land use density, including but not limited to. minor lot line adiustments. side vard. and setback variances not resulting in the creation of anv new parcels. Consistent with this section, the project is proposing a setback variance (i.e.. 8'-9%" reduced front vard and a 4'-4/4" reduced side vard along the south side of an existing detached garage/guest house, and a 12'-6^" reduced front vard setback for the replacement of a newly designed front entrv courtyard wall with decorative wood gate and iron view fence that is greater than forty-two inches in height) in an area of the parcel with an average slope of less than 20% and of which does not result in anv changes in land use density. Lead Agency Contact Person: Jason Goff Telephone: (760) 602-4643 DON NEU, City Planner Date Date received for filing at OPR: FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on M^?. 20U Posted m 0 2 2015 Removed iill 01 M^'^ Returned to agency m, jUl ^ 2 '/liib Revised 05/13 FILE? Ccityof Carlsbad NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION VIA CERTIFIED MAIL ON June 1. 2015 Application #: CDP 14-05 Decision Date: May 20. 2015 CaseName: Tierra Del Oro Residence Agent (if different): same as applicant Applicant: Carson Nolan (Island Architects) Address: same as applicant Address: 7626 Herschel Avenue. La Jolla, CA 92037 Phone: same as applicant Phone: (858)459-9291 Project Description: Coastal Development Permit and Minor Variance to 1) allow for the demolition of an existing 3,056 square foot one-storv single-family residence with basement and a partial demolition of an existing detached 528 square foot two-car garage with a 432 square foot guest house: 2) allow forthe remodel, expansion, and attachment ofthe existing two-car garage and guest house to a new two-storv single-family residence with basement totaling 8.845 square feet of living area along with construction of related site improvements, including a new swimming pool; and 3) allow for a reduced front yard setback from 20'-0" to 8'-9^/" and a reduced side vard setback from 7'-6" to 4'-4V2" to preserve the established development footprint of the existing garage/guest house: and a reduced front vard setback from 20'-0" to 12'-6%" for the replacement of a newly designed front entry courtyard wall with decorative wood gate and iron view fence greater than forty-two inches in height. Project Location: 5039 Tierra Del Oro. Carlsbad, CA ACTION: • APPROVED ^ APPROVED WITH CONDITIONS • DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: • NOT APPEALABLE TO THE COASTAL COMMISSION. ^ APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission w/ithin 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 I 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 for the preparation ofthe record ofthe proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax Ccityof Carlsbad ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR A SECOND DWELLING UNIT NOTICE OF PENDING DECISION DATE: May 29, 2015 APPLICATION NUMBER AND NAME: CDP 15-13 - TIERRA DEL ORO RESIDENCE PROJECT DESCRIPTION: Request to construct a 537 square foot second-dwelling unit (SDU) attached to the main dwelling unit. Parking for the SDU will be provided by a single parking space located within the front yard. LOCATION: 5039 Tierra Del Oro APN: 210-020-08 The proposed development is located within the City of Carlsbad's Coastal Zone. No formal public hearing is required for this application. How/ever, anv written comments on this application must be submitted to the Citv within 10 calendar davs of the date of this notice. Failure to submit comments may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The Citv Planner will make a decision on this application 10 calendar days after the date of this notice. Written comments to this proposed development should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 FaradayAvenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Jason Goff, at the City of Carlsbad Planning Division, (760) 602-4643, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Community & Economic Development Planning Division 1635 FaradayAvenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax 09t8/oaiaa AJ9AV 09AB 9|q!jBdiiioo uitu IQ X UIUJ 92 IBUIJOJ ap aiisnbji^ ^||l/09t9® /^3AV mm 9jq!;Bdiuo3 ..g/g z x „|. 9Z.IS |9qe^^ OCCUPANT 5030 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 504 0 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5039 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5021 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5031 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5051 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5067 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5061 SHORE DR CARLSBAD, CA 92008-4345 *** 12 Printed *** label size 1" x 2 5/8" compatible with Avery ®5160/8160 feiauette de format 25 mm x 67 mm comoatible avec Aven/ ®5160/8160 091-8/09 tga/iSAV 09AB 9|q!}Bdujoo lUiu zg x luuj gj tEUUCj 9p 9n9nb!i3 O^jj^g 1.9® ^3AV qt!M eiqiteduioo „8/9 g x „ 19Z!S |9qE| ^ HAC CARLSBAD RESIDENCE 530 S EMERSON ST CHANDLER, AZ 85225-5920 FLETCHER SURVIVORS 2002 5030 TIERRA DEL ORO CARLSBAD, CA 92008-4350 MAERKLE 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4 350 HUARTE DAVID J QUALIFIED PERJ 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 F M 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PINON CANYON LAND & CATTLE CC 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PAUL D & KAREN SCHULTZ 5031 SHORE DR CARLSBAD, CA 92008-4345 JAMES C GILSTRAP 5067 SHORE DR CARLSBAD, CA 92008-4345 KEBOW 5061 SHORE DR CARLSBAD, CA 92008-4345 MARGRET KYES 6621 VIREO CT CARLSBAD, CA 92011-3962 TIERRA DEL ORO LLC PO BOX 906 RANCHO SANTA , CA 92067-0906 KENT A & DANA WHITSON 18 PEARL ST SAUSALITO, CA 94965-1717 *** 12 Printed *** A notice has been mailed to all property owners/occupants listed herein. . f ^ Signature label size 1" x 2 5/8" compatible with Avery ®5160/8160 itiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 PROOF OF PUBLICATION (2010 & 2011(^1;^^ Carlsbad STATE OF CALIFORNIA County of San Diego MAY 1 4 2015 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 8i 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: May 09*, 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 11* day May, 2015 lc fiJ^ Jane Allshouse UT NORTH COUNTY Legal Advertising INOTICE IS HEREBY GIVEN to you, because your in-Iterest may be affected, that the Plannina Commission 'ofthe City of Carlsbad will hold o public hearing at ttie Council Chambers, 1200 CarJsbod VHIaoe Drive, Corlsbad, California, at 6:00 p.m. on, Wednesday, May 2l^2015,j to consider the following....J,., ... ' 1) CDP 14.OS/AV 15-04-TIERRA DEL'ORO RESIDENCE - Re-quest for approval of a Coastal Development Permit and Minor Variance to 1) allow for the demolition of an existing 3,056 square foot one-story single-family residence with basement and a partial demolition ofan existing detached 528 square foot two-car garage with a 432 squdre foof guest house; 2) allow for the remodel, expansion, and attachment of the existing two-car garage and guest house to a new two-story single-family resl-Idence with basement totaling 8,845 square feet of living area along with construction of related site improvements, including 0 neW'SWimming pool; and 3) allow for a reduced front yard set-back from 20.'-0" to S'^Wt' and a reducedvside yard setbacit ,from 7'-6'to 4'-4V4'to preserve the estpbllshra: development footprint of the existing garog^gutet house; dlid*a reduced front yard set-back from 20'-0" to 12'-«w,,f<)c«the reWacement of a newly de-signed front entry courtyard w<?ll.with decorative wood gate arid Iron view fence greater than forty;twoJnt:hes .in height on prop-erty located at 5039 TierrdJOel Qro withm the Mello II segment of the City's Coastal ZoneXdhd Local .{Tdcillties Management Zone 3. The proiect site is within the appealable area of the Cali-fornia Coastal Commission. The City Planner has determined that the proiect belongs to a class of proiects that the State Sec-retory for Resources has found do not have a significant Impact on the environment, and it is therefore categorically exempt from the requirement fdr the preparation of environmental documents pursuont to S^Jdn's 15301(1), 15303(a) and 15305(d) of the state CEQA Guidelines: 2) GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10 -COLLEGE BOULEVARD MITIGATION - Request ford recom-mendation of adoption of a Mitigated Negative Declardtlon and Mitigation Monitoring dnd Reporting Program; dnd a request for a recommendation of approval Of a General pidi?'Amend-ment, Zone Change, Hillside iDevelopmenf PenrntitSbeclal Use Permit, Habitat Management Plah Pesmlt iind MlnttiiiSubdivI-sion to allow for the Implernehtatlon; o^iblltrt-mltlgatlon asso-ciated with the developrfient^W Col ege'Boulevard Reach "A" on two parcels (APN 209-060-71,! 72) totaling, 17.il4 ac5es"il6.43 net acres) located north of the intersection of College Bdtilevdrd and Sunny Creek Road and south jof the Intersection of Canndmf^d and College Boulevard.; WHln Local-Facilities Manoderrtent Zone 15. TheCity PlannerSfias determined, that through the. im-plementation of the proposed ,Mttlgated:;Neaat1ve Declaration and associated Mltigatlon,^.Mdnltorlng> dm-Reporting Progrdm, the proposed proiect avoids--the effMts'OT mitigates the effects to a point where ciearly tio significant effect, on the environment wouid occur, and there is no substantial evidence In light of the whole record before the City that the proiect may hove a signifi-cant effect on the envlrorirtientl 3) CUP 15-01 - PALOMAR BREWING COMPANY - Request for a Conditlonol Use Permit to allow Palomar Brewing Company to operate a brewery and tasting"' room in an existing office/lndustridi bullding on property Tocated at 2719 Loker Ave-nue West, Suite D, In the P-M. Zone and lri Local Facilities Man-agement Zone 5. The City Planner has determined that this proiect is exempt from the requlrernents of the California Envi-ronmental Qualit/ Act (CEQA) per section 15301, "Existing Facilities," of the State CEQA Guidelines and will not hove any [adverse significant impdct on the environment. - A Notice of Ex-emption shall be filed with the County Clerk upon approval of thisproiect. 1 —liCSSo m D —r- if you challenge these proiects in court, you may be limited to raising only those issues you or someone else raised dt 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 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friddy. Those persons wishing to spedk on these proposdis dre cordially Invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbad.granlcus.com/VlewP ubIisher.phpTvlew ld=* on or after the Friday prior to the hear-ing date, if you have any questions, please call the Planning Di-vision at (760) 602-4600. ervice, [_lL.._.:JJ.i TM RECEIPT surance Coverage Provided) ipur website at www.usps.com«, A C 4 j_j CO'litied Fee I—I * F.etum iluciept Foe (Endorsement Required) • Restricted Delivery Fee • n (Endorsement Required) ru ru • • iwil's^N -n Total Postage & Fees SSam CALIFORNIA COASTA •^im,-Aiitmr- SUITE 103 orPOBoxNo. 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108 PS Form 3800, June 2002 See Reverse for Instructions U.3- Postal Serj^iqerM ClFiifllf Mil-- RECEIPT \[ tL_:J/' ' Postage ] Certitied Fee I CMum fleciept Fee (End%'*ment Required) I Restricted Delivery Fee 1 (Endorsement Required') 1 ' Total Postage & Pees surance Coverage Provided) lour website at www.usps.comigj sentro CALIFORNIA COASTAL COMIVIISSION ''SirSei,'Xpt:No.',''' SUITE 103 orPOBoxNo. •c«J';sSte,z/p;4- 7575 IVIETROPOLITAN DRIVE SAN DIEGO CA 92in« PS Form 3800, June 2002 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DEUVERY ^ 1 • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature ^ n"^ W y \X" • Addressee • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. B. deceived by (Printed Name) • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1 ? Cl Yes If YES, enter delivery address below: Cl No 1. Article Addressed to: CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE D. Is delivery address different from item 1 ? Cl Yes If YES, enter delivery address below: Cl No SAN DIEGO CA 92108 3. Service Type SCertified Mail® • Priority Mail Express™ • Registered • Return Receipt for Merchandise • Insured Mail • Collect on Delivery SAN DIEGO CA 92108 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number nh,„.,ft,r/m„.w«,fah«/) 7DD3 EEhU D0D3 3101 bOTl UNITED SWE^f»Si-lliii^E m MAY MS — 3 I. First-Class Mall Postage & Fees Paid USPS Permit No. G-10 Sender: Please print your name, address, and ZIP+4® in this box* CITY OF CARLSBAD PLANNING DIVISION 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 l,,i,lli.l.ii,,,|ll|lll...,l,ii|.jii.,lii,ij|llll,i,li,,l,)|ii,)i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108 • Agent D Addressee C, Date of Delivery. D. Is delivery addresS different from iteVfTl ? If YES, enter deiivery address betow: • Yes • No 3. Service Type ^Certified Mail" • Registered • Insured Mail • Priority Mail Express™ • Return Receipt for Merchandise • Collect on Delivery 4. Restricted Delivery? (Extra Fee) • Yes 2. ArticleNumber (Transfer from service label) 7UU3 2Et.D 0003 31D1 hSHl UNITED STAT^JBp>S^teSi6wil6E First-Class Mail Postage & Fees Paid USPS Permit No. G-10 '3 il. Z • Sender. Please print your name, address, and ZlP+4® in this box* CITY OF CARLSBAD PLANNING DIVISION 1635 FARADAY AVENUE CARLSBAD. CA 92008-7314 3GT .lii.i,.li!.U,|„ili.j,,,l,|,i..lij„,.,,il,iii.l}.l.ii„ii!,iji Ccityof Csirlsbsid 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, May 20, 2015, to consider a request for the following: CASE NAME: CDP 14-05/AV 15-04 - TIERRA DEL ORO RESIDENCE PUBLISH DATE: May 4, 2015 DESCRIPTION: Request for approval of a Coastal Development Permit and Minor Variance to 1) allow for the demolition of an existing 3,056 square foot one-story single-family residence with basement and a partial demolition of an existing detached 528 square foot two-car garage with a 432 square foot guest house; 2) allow for the remodel, expansion, and attachment of the existing two-car garage and guest house to a new two-story single-family residence with basement totaling 8,845 square feet of living area along with construction of related site improvements, including a new swimming pool; and 3) allow for a reduced front yard setback from 20'-0" to 8'-9%" and a reduced side yard setback from 7'-6" to 4'-4/2" to preserve the established development footprint of the existing garage/guest house; and a reduced frontyard setback from 20'-0" to 12'-6%" forthe replacement of a newly designed front entry courtyard wall with decorative wood gate and iron view fence greater than forty-two inches in height on property located at 5039 Tierra Del Oro within the Mello II segment of the City's Coastal Zone and Local Facilities Management Zone 3. The project site is 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(1), 15303(a) and 15305(a) ofthe 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.php7view 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 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. • Coastal Commission Appealable Project: ^ This site is located within the Coastal Zone Appealable Area. I I This site is not located within the Coastal Zone Appealable Area. I I Application deemed complete: December 18, 2014 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 Community & Economic Development Planning Division 1635 FaradayAvenue I Carlsbad, CA92008 I 760-602-4600 I 760-602-8560fax A/ NOT TO SCALE SITEMAP Tierra Del Oro Residence CDP 14-05/NCP 14-05 091-8/091-S® 08AB 8|q!iBdLU00 luiu ig x luui S2 imioj. gp 9}}8nb!}3 ^091.9® /tiaAV ilHM 9|q|}BCliuoo „8/9 2 x „ 19ZIS |8qB| OCCUPANT 5030 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 504 0 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5039 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5021 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5031 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5051 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5067 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5061 SHORE DR CARLSBAD, CA 92008-4345 *** 12 Printed *** label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm comoatible avec Aven/ ®5160/8160 091.8/091.S®/-i9AV 09AE 8|q!}Bdiuoo luoi Z9 x luiu qz IBUIJOJ ap aiienbig 0Hp919® AJ9AV q«M aiqiiBduioo „8/9 2 x..t azis laqBi JAGDISH MISHRA 17 TAWNEY PT ROCHESTER, NY 14626-4849 DOW 4 601 PARK COiyiMONS DR 103 SAINT LOUIS P, MN 55416-4985 SHORE DRIVE LLC 304 E 1600 OREM, UT 84057-2740 WILLIAM W CLEMENTS 3500 E LINCOLN DR 18 PHOENIX, AZ 85018-1024 ARIE H DE JONG 20000 N RALSTON RD MARICOPA, AZ 85139-2739 HAC CARLSBAD RESIDENCE 530 S EMERSON ST CHANDLER, AZ 85225-5920 DAVID A & TIFFANIE LEYVAS 7135 E CAMELBACK RD F240 SCOTTSDALE, AZ 85251-1262 CATHERINE A CARIS-HART PO BOX 13315 SCOTTSDALE, AZ 85267-3315 FRASSANITO 1412 STAGECOACH RD ALBUQUERQUE, NM 87123-4433 BRUNON 1041 YALE ST SANTA MONICA, CA 90403-4715 JAMES & SUSAN PRINCE 712 S 3RD AVE ARCADIA, CA 91006-3901 DAVID A EBERSHOFF 47 6 BRADFORD ST PASADENA, CA 91105-2407 MOSS 25408 COLETTE WAY CALABASAS, CA 91302-314f KINSEY-ROTHSCHILD 18814 LOS ALIMOS ST NORTHRIDGE, CA 91326-274 7 J SQUARED DEV LLC . 5135 AVENIDA ENCINAS B CARLSBAD, CA 92008-4341 COSTANTINO 5009 TIERRA DEL ORO CARLSBAD, CA 92008-4351 SO ARMANDO P 2006 502 6 TIERRA DEL ORO CARLSBAD, CA 92008-4350 FLETCHER SURVIVORS 2002 5030 TIERRA DEL ORO CARLSBAD, CA 92008-4350 MAERKLE 5032 TIERRA DEL ORO CARLSBAD, OA 92008-4350 HUARTE DAVID J QUALIFIED PERJ 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 F M 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PINON CANYON LAND & CATTLE C( 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HOMER L & NINA EATON 5025 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HALL 5019 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HOMER L & NINA EATON 5025 TIERRA DEL ORO CARLSBAD, CA 92008-4351 COSTANTINO 5009 TIERRA DEL ORO CARLSBAD, CA 92008-4351 SMITH MARITAL 02-05-97 SMITH 5005 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PAUL D & KAREN SCHULTZ 5031 SHORE DR CARLSBAD, CA 92008-4345 JAMES C GILSTRAP 5067 SHORE DR CARLSBAD, CA 92008-4345 STEVEN F & PATRICA RICHARDS 5099 SHORE DR CARLSBAD, CA 92008-4345 label size 1" x 2 5/8" compatible with Avery ®5160/8160 ^tiniiPttR fifi fnrmat Pfi mm y fi7 mm nnmnatihlfl awfin Amni ®fi1fin/R1fin 091-8/091-9® AJBAV OBAB aiqijBdiuoo uiiu zg x luiu gz X^msoi ap apnbia Q|^91.9® AjaAV aiqpdiuoo „8/9 g x „ |. azis laqBj ^j^' PAUL J TURRO 5143 SHORE DR CARLSBAD, CA 92008-4347 ARTHUR & ALICE BROWN 5157 SHORE DR CARLSBAD, CA 92008-4347 KEBOW 5061 SHORE DR CARLSBAD, CA 92008-4345 PRITCHARD 5098 SHORE DR CARLSBAD, CA 92008-4344 WILLIAMS 1995 5118 SHORE DR CARLSBAD, CA 92008-4346 RANDY & HOPE SMITH 5154 SHORE DR CARLSBAD, CA 92008-4 34 6 MANDEEP S UPPAL 5155 CARLSBAD BLVD CARLSBAD, CA 92008-4305 SHARON L MCMILLIAN 5157 CARLSBAD BLVD CARLSBAD, CA 92008-4305 CHRISTIAN M JULLIAY 54 00 LOS ROBLES DR CARLSBAD, CA 92008-4422 FREDERICK A LAFONTAINE 514 0 CARLSBAD BLVD CARLSBAD, CA 92008-4304 PATRICK D MCNULTY 5156 CARLSBAD BLVD CARLSBAD, CA 92008-4304 ROBERT D & STEVEN COURY 5167 LOS ROBLES DR CARLSBAD, CA 92008-4327 MICHAEL L NOLAN 5135 LOS ROBLES DR CARLSBAD, CA 92008-4327 JAN M BROWNELL 5119 LOS ROBLES DR CARLSBAD, CA 92008-4327 LAUGHLIN MCKINNON 5103 LOS ROBLES DR CARLSBAD, CA 92008-4327 DAVIS 507 9 LOS ROBLES DR CARLSBAD, CA 92008-4325 DAVID AYOUB 5065 LOS ROBLES DR CARLSBAD, CA 92008-4325 HECTOR & MAYRA DELCASTILLO 101 CANNON RD CARLSBAD, CA 92008-4300 ROBERT A ZISS 5100 LOS ROBLES DR CARLSBAD, CA 92008-4326 HELEN Z URTON 5172 SHORE DR CARLSBAD, CA 92008-434 6 ETHEL BALLARD 5190 SHORE DR CARLSBAD, CA 92008-434 6 PAUL C & JILL MACMANUS 5171 CARLSBAD BLVD CARLSBAD, CA 92008-4305 HAIR 4821 WINDJAMMER WAY CARLSBAD, CA 92008-3789 MICHAEL L BAGNALL 1990 DEERGRASS WAY CARLSBAD, CA 92009-8404 GILBERT & HOULIHAN 3942 FOOTHILL AVE CARLSBAD, CA 92010-7000 MARGRET KYES 6621 VIREO CT CARLSBAD, CA 92011-3962 TERRAMAR ASSN PO BOX 1711 CARLSBAD, CA 92018-1711 ROBERT H & MARGARET BARELMANt PO BOX 1698 CARLSBAD, CA 92018-1698 ROBERT A & SUSAN WARNER 1420 SLEEPING INDIAN RD OCEANSIDE, CA 92057-1107 TIERRA DEL ORO LLC PO BOX 906 RANCHO SANTA , CA 92067-0906 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiouette de format 25 mm x 67 mm comoatible avec Aven/ ®5160/8160 0918/091.9® 'toAV oaAB aiquEdiuoo tuiu Z9 x Uiiu S2 vemioi ap auanbug (|jp09t9®AjaAV miMaiqilBdLUOo „8/9 3x„t azis |aqB| MARIA T CANNON 158 N MELROSE DR VISTA, CA 92083-5719 DOROTHY B CAMPBELL 2454 ALTON PKWY IRVINE, CA 92606-5037 BEN & RUTH MIJUSKOVIC 428 CARNATION AVE B CORONA DEL MA, CA 92625-2810 RONALD GUTIER 15 SAINT ANN DR SANTA BARBARA, CA 93109-123? KELLEY 190 BALI ST MORRO BAY, CA 93442-3107 BREZA 111 TWIN PEAKS DR WALNUT CREEK, CA 94595-172? KENT A & DANA WHITSON 18 PEARL ST SAUSALITO, CA 94965-1717 CECIL T ANNETT 2800 NW BEUHLA VISTA TER PORTLAND, OR 97210-3305 *** 68 Printed *** A notice has been mailed to all property owners/occupants listed herein. Date: Signature:. label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiouette de format 25 mm x 67 mm comoatible avec Aven/ ®5160/8160 I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TQ THE CITY QF CARLSBAD QN THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. PLAT DATE: 02/28/2015 APPLICATION NAME AND NUMBER APPLICANT QR APPLICANT'S REPRESENTATIVE BY: SEAN WILSON - TITLE PRO INFORMATION SYSTEMS DATE: 04/01/2015 RECEIVED BY DATE: — Prepared for: ISLAND ARCHITECTS CARSON NOLAN 7626 HERCHEL AVE LA JOLLA, CA 92037 Titl^Pro Information S^tems Phone (858)459-9291 Fax: E-mail cnolan@islandarch.com Format: Output: All Records (1 to 12) (12 of 12 Records) Prepared by: TITLE PRO TEAM Reference: APN: 210-020-08 100FT Account Rep: 5039 TIERRA DEL ORO Phone: (760)295-3951 Fax: (760)295-4038 E-mail: INF0@TITLEPR0IS.COM Search Criteria -• Parcel 21002004..21002010, 21003101..21003103, 21003106, 21003115 Ntimber Research All Records 12 matching property/properties were found. Wed Apr 01 14:35:54 2015 **This information is sourced from public documents and is not guaranteed* 09 5 2 210-03 i 00' e 5/2S/99 SM CHANGES BLK OLD NEW YR CUT use /a A<£XT 034 use 9 03I s 7S 36/6 03/ /4 76 S/7 031 445 /5 73 /3<34 033 8 91 1418 CANC 033 17 SAME & ST OP 00 4645 034 1 SAME & ST OP 00 4645 SAN 0IE6O COUNTY ASSESSOR'S MAP BR2I0 K03 f THIS MAP WAS P!«PAflED FOR ASSESSMENT PUnPOSES ONLY. \0 LIABIITY 5 ASSUME) FC« TFE ACCURACY OF THE DATA SHOWH ASSESSOR'S PARCaS MAY NOT CG^R-Y WfTH LOCAL SUBDVBON Cfl BuLDtG ORDNANCES. MAP 2758 - TERRAMAR UNIT NO. 2 MAP 2696 - TERRAMAR UNIT NO. 1 MAP 823 - RHO AGUA HEDIONDA © CARSBAD BLVD, (STATE HWY. U.S.HWY IOI XI-SD-2-B) 12/03/2014 DJS ICHANGESI 020 n.2o 79 IS 15 5552 1* PEDESTRIAN & NON-MOTOR VEHICULAR RIGHT CF WAY SAN DIEGO COtJNTY ASSESSOR'S MAP BK 2lO PG 0^ THIS MAP WAS PRtPAKED FOR ASKSSMENTPURPOSESONir. ND LIABUITY IS ASSUHKO FOR TK ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY m COMPIY WTTH LOCAL SUBDIVISION OR BUUMG ORDMANCES. MAP 3052 - TIERRA DEL ROS 15510 Use Code YrBIt Units SqFt SaleAn Phone SaleDt 1 Parcel: 210-020-04-00 Privacy: Site: 503 0 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: FLETCHER SURVIVORS 2002 TRUST Mail: 5030 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1956 1 1, 304 06/17/2010 2 Parcel: 210-020-05-00 Privacy: Site: 5 032 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: MAERKLE FAMILY TRUST Mail: 5032 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1956 1 1, 342 08/23/1955 3 Parcel: 210-020-06-00 Privacy: Site: 5 03 6 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: HUARTE DAVID J QUALIFIED PERSONA Mail: 5036 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1976 1 2 , 723 $386,OOOF 07/01/1996 4 Parcel: 210-020-07-00 Privacy: Site: 504 0 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: HAC CARLSBAD RESIDENCE TRUST Mail: 530 S EMERSON ST*CHANDLER AZ 85225 SINGLE FAMILY RESIDENCE 1 1976 1 2, 765 $1,595,OOOF 06/14/2013 5 Parcel: 210-020-O8-00 Privacy: Site: 5 03 9 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: TIERRA DEL ORO LLC Mail: RO BOX 906*RANCHO SANTA FE CA 92067 SINGLE FAMILY RESIDENCE Rl 1959 1 3,488 $4,500,OOOF 06/05/2013 6 Parcel: 210-020-09-00 Privacy: Site: 5 03 5 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: M-F T 2012 TRUST Mail: 5035 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1958 1 4, 055 05/22/2013 7 Parcel: 210-020-10-00 Privacy: Site: 5 031 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: PINON CANYON LANE & CATTLE COMPA Mail: 5031 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1973 1 3,410 $3,500,OOOF 05/24/2013 8 Parcel: 210-031-01-00 Privacy: Site: 5 021 SHORE DR*CARLSBAD CA 92008 Owner: KYES, MARGRET TRUST Mail: 6621 VIREO CT*CARLSBAD CA 92011 SINGLE FAMILY RESIDENCE Rl 1959 1 1,707 08/27/1971 9 Parcel: 210-031-02-00 Privacy: Site: 5 031 SHORE DR*CARLSBAD CA 92008 Owner: SCHULTZ , PAUL D & KAREN L Mail: 5 031 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1957 1 1, 896 06/30/1989 10 Parcel: 210-031-03-00 Privacy: Site: 5051 SHORE DR*CARLSBAD CA 92008 Owner: WHITSON,KENT A & DANA H FAMILY T Mail: 18 PEARL ST*SAUSALITO CA 94965 SINGLE FAMILY RESIDENCE Rl 1957 1 2,550 10/23/1980 11 Parcel: 210-031-06-00 Privacy: Site: 5 0 67 SHORE DR*CARLSBAD CA 92008 Owner: GILSTRAP, JAMES C TRUST Mail: 5067 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1995 1 5,215 $1,075,OOOF 10/26/1992 12 Parcel: 210-031-15-00 Privacy: Site: 5061 SHORE DR*CARLSBAD CA 92008 Owner: KEBOW FAMILY TRUST Mail: 5 061 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1963 1 2,631 08/28/1979 Copyright DataQuick Information Systems 1998-2000. The above infonnation is sourced from public information and is not guaranteed. Farms - 3 Une HAC CARLSBAD RESIDENCE 530 S EMERSON ST CHANDLER, AZ 85225-5920 FLETCHER SURVIVORS 2 002 503 0 TIERRA DEL ORO CARLSBAD, CA 92008-4350 MAERKLE 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 HUARTE DAVID J QUALIFIED PERJ 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 F M 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PINON CANYON LAND & CATTLE CC 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PAUL D & KAREN SCHULTZ 5 031 SHORE DR CARLSBAD, CA 92008-4345 JAMES C GILSTRAP 5067 SHORE DR CARLSBAD, CA 92008-4345 KEBOW 5061 SHORE DR CARLSBAD, CA 92008-4345 MARGRET KYES 6621 VIREO CT CARLSBAD, CA 92011-3962 TIERRA DEL ORO LLC PO BOX 906 RANCHO SANTA , CA 92067-0906 KENT A & DANA WHITSON 18 PEARL ST SAUSALITO, CA 94965-1717 *** 12 Printed *** OCCUPANT 503 0 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5040 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 503 9 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5021 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5031 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5051 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5067 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5061 SHORE DR CARLSBAD, CA 92008-4345 *** 12 Printed *** I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TQ THE CITY QF CARLSBAD QN THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. PLAT DATE: 02/28/2015 APPLICATION NAME AND NUMBER APPLICANT QR APPLICANT'S REPRESENTATIVE BY: SEAN WILSON - TITLE PRO INFORMATION SYSTEMS DATE: 04/01/2015 RECEIVED BY DATE: H 3 Z^t^ 'il4^ RECEIVED APR 0 3 2015 CITY OF CARLSBAD PLANNING DIVISION — Prepared for: ISLAND ARCHITECTS CARSON NOLAN 7626 HERCHEL AVE LA JOLLA, CA 92037 Title Pro Information Systems Phone (858)459-9291 Fax: E-mail cnolan@islandarch.com Format: Output: All Records (1 to 12) (12 of 12 Records) Prepared by: Reference: Account Rep: Phone: Fax: E-mail: TITLE PRO TEAM APN: 210-020-08 100FT 5039 TIERRA DEL ORO (760) 295-3951 (760) 295-4038 INFO@TITLEPROIS.CQM Search Criteria Parcel 21002004..21002010, 21003101..21003103, 21003106, 21003115 Nuinber Research All Records 12 matching property/properties were found. Wed Apr 01 14:08:03 2015 **This information is sourced from public documents and is not guaranteed* CARSBAD BLVD. HWY U.S. HWY. 101 XI-SD-2-B) 12/03/2014 DJS aj^oLDlrc^wcuT © 17 ^^As, ^^^^^^ ^* PEDESTRIAN & NON-MOTOR VEHICULAR RIGHT OF WAY SAN DIEGO COWnr ASSESSOR'S MAP BK 2lO PCOz A/ THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPIY WITH LOCAL SUBDIVISION OH BUILDING ORDINANCES. MAP 3052 - TIERRA DEL ROS 15510 09 2 210-03 I I". 100' ® 5/26/99 SM CHANGES BLK OLO NEW YR CUT vse /^*eet /» NtXT 034 9 /if*XT Oil s /it 13 7S 36/6 03/ /i4/3 /•4 76 S/7 031 415 /S 79 /3M 033 8 91 1418 CANC 033 17 SAME k ST OP 00 4645 034 1 SAME k ST OP 00 4645 SAN OICGO COUNTY ASSCSSOK'S MAP BK2I0 PS 03 ( THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY 5 ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCaS MAY NOT COMPLY WITH LOCAL SUBOIVISON OH BulDNG ORDNANCES. MAP 2758 - TERRAMAR UNIT NO. 2 MAP 2696 - TERRAMAR UNIT NO. 1 MAP 823 - RHO AGUA HEDIONDA Use Code YrBIt Units SqFt SaleAr Phone SaleDt 1 Parcel: 210-020-04-00 Privacy: Site: 5 03 0 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: FLETCHER SURVIVORS 2002 TRUST Mail: 5030 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1956 1 1, 304 06/17/2010 2 Parcel: 210-020-05-00 Privacy: Site: 5 03 2 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: MAERKLE FAMILY TRUST Mail: 5032 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1956 1 1, 342 08/23/1955 3 Parcel: 210-020-O6-00 Privacy: Site: 5 03 6 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: HUARTE DAVID J QUALIFIED PERSONA Mail: 5036 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1976 1 2, 723 $386,OOOF 07/01/1996 4 Parcel: 210-020-07-00 Privacy: Site: 5 04 0 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: HAC CARLSBAD RESIDENCE TRUST Mail: 53 0 s EMERSON ST*CHANDLER AZ 85225 SINGLE FAMILY RESIDENCE 1 1976 1 2 , 765 $1,595,OOOF 06/14/2013 5 Parcel: 210-020-O8-00 Privacy: Site: 5 03 9 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: TIERRA DEL ORO LLC Mail: PO BOX 906*RANCHO SANTA FE CA 92067 SINGLE FAMILY RESIDENCE Rl 1959 1 3,488 $4,500,OOOF 06/05/2013 6 Parcel: 210-020-09-00 Privacy: Site: 5 03 5 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: M,F T 2012 TRUST Mail: 5035 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1958 1 4 , 055 05/22/2013 7 Parcel: 210-020-10-00 Privacy: Site: 5 031 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: PINON CANYON LAND & CATTLE COMPA Mail: 5031 TIERRA DEL ORO*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1973 1 3 ,410 $3,500,OOOF 05/24/2013 8 Parcel: 210-031-01-00 Privacy: Site: 5 021 SHORE DR*CARLSBAD CA 92008 Owner: KYES,MARGRET TRUST Mail: 6621 VIREO CT*CARLSBAD CA 92011 SINGLE FAMILY RESIDENCE Rl 1959 1 1, 707 08/27/1971 9 Parcel: 210-031-02-00 Privacy: Site: 5 031 SHORE DR*CARLSBAD CA 92008 Owner: SCHULTZ, PAUL D & KAREN L Mail: 503i SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1957 1 1, 896 06/30/1989 10 Parcel: 210-031-03-00 Privacy: Site: 5 051 SHORE DR*CARLSBAD CA 92008 Owner: WHITSON,KENT A & DANA H FAMILY T Mail: 18 PEARL ST*SAUSALITO CA 94965 SINGLE FAMILY RESIDENCE Rl 1957 1 2 , 550 10/23/1980 11 Parcel: 210-031-O6-00 Privacy: Site: 5 0 67 SHORE DR*CARLSBAD CA 92008 Owner: GILSTRAP, JAMES C TRUST Mail: 5067 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1995 1 5,215 $1,075,OOOF 10/26/1992 12 Parcel: 210-031-15-00 Privacy: Site: 50 61 SHORE DR*CARLSBAD CA 92008 Owner: KEBOW FAMILY TRUST Mail: 5061 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1963 1 2,631 08/28/1979 Copyright DataQuick Infonnation Systems 1998-2000. The above infomnation is sourced from pubiic infonnation and is not guaranteed. Farms - 3 Line OCCUPANT 503 0 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 504 0 TIERRA DEL ORO CARLSBAD, CA 92008-4350 OCCUPANT 503 9 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 OCCUPANT 5021 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5031 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5051 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5067 SHORE DR CARLSBAD, CA 92008-4345 OCCUPANT 5061 SHORE DR CARLSBAD, CA 92008-4345 *** 12 Printed *** I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TQ THE CITY QF CARLSBAD QN THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. PLAT DATE: 02/28/2015 APPLICATION NAME AND NUMBER m APPLICANT QR APPLICANT'S REPRESENTATIVE BY: SEAN WILSON - TITLE PRO INFORMATION SYSTEMS DATE: 04/01/2015 RECEIVED BY — Prepared fan ISLAND ARCHITECTS CARSON NOLAN 7626 HERCHEL AVE LA JOLLA, CA 92037 Titlfpro Information Sf^tems Phone (858)459-9291 Fax: E-mail cnolan@islandarch.com Format: Output: All Records (1 to 70) (70 of 70 Records) Prepared by: TITLE PRO TEAM Reference: Account Rep: Phone: Fax: E-mail: APN: 210-020-08 600FT 5039 TIERRA DEL ORQ (760) 295-3951 (760) 295-4038 INF0@TITLEPR0IS.COM •Search Criteria Parcel 21001040, 21001044, 210020, 210031, 210032, 210033, 21003401..21003404, Nuinber 21006201, 21006202, 21006211, 21006212, 21006301, 21006302 21006111, 21006112, Research All Records 7 0 matching property/properties were found. Wed Apr 01 14:21:38 2015 **This infomnation is sourced from public documents and is not guaranteed* 09 (Ni 2 CO OT CD — yj 00 Ol % 1 i s M «^ •It t-1420 1 2033 1 1272 1 1830 1 pl366| K s 8 5 s s u n ••• l-l g i i 5.L 1 1 M I" (ft t 3 o 5 210-01 SHT 1 OF 2 r=4oo' 1* CARLSBAD STATE BEACH 2* CANNON PARK 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 4-0789068 FOR DISTANCES AND BE> KINGS _ XI-SD-PR ^^1^ I > 'Op SAN DiEGO COUNTY ASSESSOR'S MAP BOOK 210 PAGE 01 SHT 1 OF 2 AVENIDA "ENCINAS -EL ARBOL - OR 823 - RHO AGUA HEDIONDA ^ POR LOT H MM 200 F OS 1806.16154,16192.16418.16546,17350, 20809 BLVD. (^STATE I-50 © © 2 ® 3 © ® 5 © 6 © 7 AS "fl^ n PACIFIC i^v;^^ Bj»L535__^ MAP 3052 ROS 155^0 . TIERBA DEL ORO rniMTf ASSESSOR'S MA.* W PQOZ 5„ 0\t«» COU»(n A55t3 09 s 3 210-03 1 I"' lOC ® 5/26/99 SM CHANGES BLK OLD NEW YR CUT US€ /a 034 vst 9 03/ 3 'it 13 7S 36/6 03/ /•* 76 S/7 031 415 /s 79 /3m 033 8 sifv^m 91 1418 CANC 033 17 SAME ic ST OP 00 4645 034 1 SAME ic ST OP 00 4645 SAN OIEGO COUNTY ASSESSOR'S MAP BR2I0 POOS f WAS PREPARH) FOR ASSESSMENT PUnPOSES ONLY. MO LIABILITY 5 XED FOR Tl€ ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCaS MAY NOT COMPIY WITH LOCAL SUBDIVISDN Ofl BulDIG ORDNANCES. MAP 2758 - TERRAMAR UNIT NO.2 MAP 2696 - TERRAMAR UNIT NO. 1 MAP 823 - RHO AGUA HEDIONDA 09 I 210-06 i l"» IOO* c HANGES 3LK YF CUT Ot3 ^\ r 062 IZ 0U3 ST of. 93 4<»/0> /z SAN DIEGO COUNTY ASSESSOR'S %IAP BK 210 PG 06 MAP 27£.8-TERRAMAR UNIT NO 2 MAP 2696-TERRAMAR UNIT NO. I MAP 3^3-RHO AGUA HEDIONDA - POR LOT H Use Code YrBIt Units SqFt SaleAi Parcel: 210-010-40-00 Privacy: Owner: SAN DIEGO GAS & ELECTRIC CO Phone Site: CANNON RD*CARLSBAD CA Mail: CANNON RD*CARLSBAD CA SaleDt 05/21/1999 Parcel: 210-010-44-00 Privacy: Owner: SAN DIEGO GAS & ELECTRIC CO Site: CARLSBAD BLVD*CARLSBAD CA Mail: CARLSBAD BLVD*CARLSBAD CA 3 Parcel: 210-020-01-00 Privacy: Owner: COSTANTINO FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1956 Site: 5 02 0 TIERRA DEL ORO*CARLSBAD CA Mail: 5009 TIERRA DEL ORO*CARLSBAD CA 1,422 92008 92008 03/18/2011 4 Parcel: 210-020-02-00 Privacy: Owner: FRASSANITO REVOC TRUST SINGLE FAMILY RESIDENCE Rl 1956 Site: 5022 TIERRA DEL ORO*CARLSBAD CA 92008 Mail: i4i2 STAGECOACH RD*ALBUQUERQUE NM 87123 3,783 $420,OOOF 03/24/1998 5 Parcel: 210-020-03-00 Privacy: Owner: SO ARMANDO P 2006 TRUST SINGLE FAMILY RESIDENCE Rl 1985 Site: 5026 TIERRA DEL ORO*CARLSBAD CA 92008 Mail: 5026 TIERRA DEL ORO*CARLSBAD CA 92008 2,844 $1,525,OOOF 07/30/2009 6 Parcel: 210-020-04-00 Privacy: Owner: FLETCHER SURVIVORS 2002 TRUST SINGLE FAMILY RESIDENCE Rl 1956 Site: 5030 TIERRA DEL ORO*CARLSBAD CA Mail: 5030 TIERRA DEL ORO*CARLSBAD CA 1, 304 92008 92008 06/17/2010 7 Parcel: 210-020-05-00 Privacy: Owner: MAERKLE FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1956 1 Site: 5 03 2 TIERRA DEL ORO*CARLSBAD CA Mail: 5032 TIERRA DEL ORO*CARLSBAD CA 1,342 92008 92008 08/23/1955 8 Parcel: 210-020-06-00 Privacy: Site: 5036 TIERRA DEL ORO*CARLSBAD CA Owner: HUARTE DAVID J QUALIFIED PERSONA Mail: 5036 TIERRA DEL ORO*CARLSBAD CA SINGLE FAMILY RESIDENCE Rl 1976 1 2,723 $386,OOOF 92008 92008 07/01/1996 9 Parcel: 210-020-07-00 Privacy: Owner: HAC CARLSBAD RESIDENCE TRUST SINGLE FAMILY RESIDENCE 1 1976 Site: 5040 TIERRA DEL ORO*CARLSBAD CA Mail: 53 0 s EMERSON ST*CHANDLER AZ 2,765 $1,595,OOOF 92008 85225 06/14/2013 10 Parcel: 210-020-O8-00 Privacy: Owner: TIERRA DEL ORO LLC SINGLE FAMILY RESIDENCE Rl 1959 1 Site: 5 03 9 TIERRA DEL ORO*CARLSBAD CA Mail: RO BOX 906*RANCHO SANTA FE CA 3,488 $4,500,OOOF 92008 92067 06/05/2013 11 Parcel: 210-020-09-00 Owner: M,F T 2012 TRUST SINGLE FAMILY RESIDENCE Privacy: Site: 5 03 5 TIERRA DEL ORO*CARLSBAD CA 92008 Mail: 5035 TIERRA DEL 0R0*CARLSBAD CA 92008 Rl 1958 1 4,055 05/22/2013 12 Parcel: 210-020-10-00 Privacy: Site: 503i TIERRA DEL ORO*CARLSBAD CA Owner: PINON CANYON LAND & CATTLE COMPA Mail: 5 03i TIERRA DEL ORO*CARLSBAD CA SINGLE FAMILY RESIDENCE Rl 1973 1 3,410 $3,500,OOOF 92008 92008 05/24/2013 13 Parcel: 210-020-11-00 Owner: BAGNALL, MICHAEL L SINGLE FAMILY RESIDENCE Privacy: Site: 5 02 9 TIERRA DEL ORG*CARLSBAD CA Mail: 1990 DEERGRASS WAY*CARLSBAD CA Rl 1990 1 3,845 $1,000,000 92008 92009 04/01/1997 14 Parcel: 210-020-12-00 Privacy: Site: 5025 TIERRA DEL ORO*CARLSBAD CA Owner: BATON,HOMER L & NINA B FAMILY TR Mail: 5025 TIERRA DEL ORO*CARLSBAD CA SINGLE FAMILY RESIDENCE Rl 1957 1 2,332 $975,OOOF 92008 92008 10/31/1990 15 Parcel: 210-020-13-00 Privacy: Owner: CLEMENTS , WILLIAM w TRUST SINGLE FAMILY RESIDENCE Rl 1958 Site: 5021 TIERRA DEL ORO*CARLSBAD CA 92008 Mail: 3500 E LINCOLN DR I8*PHOENIX AZ 850i8 2,419 05/30/1985 Copyright DataQuick Information Systems 1998-2000. The above infonnation is sourced from pubiic infomiation and is not guaranteed. Farms - 3 Une Use Code 16 Parcel: 210-020-14-00 Owner: HALL FAMILY TRUST SINGLE FAMILY RESIDENCE YrBIt Units SqFt SaleAr Phone SaleDt Privacy: Site: 5019 TIERRA DEL ORO*CARLSBAD CA 92008 Mail: 50i9 TIERRA DEL ORO*CARLSBAD CA 92008 Rl 1977 1 6,480 $8,000,OOOF 04/20/2012 17 Parcel: 210-020-15-00 Owner: MOSS LIVING TRUST SINGLE FAMILY RESIDENCE Privacy: Site: 50i5 TIERRA DEL ORO*CARLSBAD CA Mail: 25408 COLETTE WAY*CALABASAS CA Rl 1959 1 1,593 $2,625,OOOF 92008 91302 02/02/2004 18 Parcel: 210-020-I6-00 Privacy: Owner: BATON,HOMER L & NINA B FAMILY TR VACANT RESIDENTIAL Rl Site: TIERRA DEL 0R0*CARLSBAD CA 92008 Mail: 5025 TIERRA DEL 0R0*CARLSBAD CA 92008 $2,700,OOOF 01/21/2009 19 Parcel: 210-020-17-00 Privacy: Owner: COSTANTINO FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1983 1 Site: 5009 TIERRA DEL ORO*CARLSBAD CA 92008 Mail: 5009 TIERRA DEL ORO*CARLSBAD CA 92008 3,014 11/12/2008 20 Parcel: 210-020-I8-00 Privacy: Owner: SMITH MARITAL 02-05-97 SMITH VAR SINGLE FAMILY RESIDENCE Rl 1956 1 Site: 5 0 05 TIERRA DEL ORO*CARLSBAD CA Mail: 5005 TIERRA DEL ORO*CARLSBAD CA 2,325 $1,400,OOOF 92008 92008 05/06/1993 21 Parcel: 210-020-21-00 Owner: BREZA TRUST SINGLE FAMILY RESIDENCE Privacy: Rl 1956 1 Site: 5016 TIERRA DEL 0R0*CARLSBAD CA 92008 Mail: m TWIN PEAKS DR*WALNUT CREEK CA 94595 1,973 12/26/1990 22 Parcel: 210-020-22-00 Privacy: Owner: CAMPBELL,DOROTHY B REVOCABLE 200 SINGLE FAMILY RESIDENCE Rl 1980 1 Site: 5003 TIERRA DEL ORO*CARLSBAD CA 92008 Mail: 2454 ALTON PKWY*IRVINE CA 92606 4,897 $2,600,OOOF 04/15/2005 23 Parcel: 210-020-23-00 Privacy: Site: 5 0 01 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: DE JONG,ARIE H FAMILY TRUST Mail: 20000 N RALSTON RD*MARIC0PA AZ 85139 SINGLE FAMILY RESIDENCE Rl 1980 1 4, 171 $5,950,OOOF 11/20/2014 24 Parcel: 210-031-01-00 Privacy: Site: 5 021 SHORE DR*CARLSBAD CA 92008 Owner: KYES,MARGRET TRUST Mail: 6621 VIREO CT*CARLSBAD CA 92011 SINGLE FAMILY RESIDENCE Rl 1959 1 1, 707 08/27/1971 25 Parcel: 210-031-02-00 Privacy: Site: 5 031 SHORE DR*CARLSBAD CA 92008 Owner: SCHULTZ,PAUL D & KAREN L Mail: 5031 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1957 1 1, 896 06/30/1989 26 Parcel: 210-031-03-00 Privacy: Site: 5 051 SHORE DR*CARLSBAD CA 92008 Owner: WHITSON, KENT A & DANA H FAMILY T Mail: 18 PEARL ST*SAUSALITO CA 94965 SINGLE FAMILY RESIDENCE Rl 1957 1 2,550 10/23/1980 27 Parcel: 210-031-O6-00 Privacy: Site: 5067 SHORE DR*CARLSBAD CA 92008 Owner: GILSTRAP, JAMES C TRUST Mail: 5067 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1995 1 5 , 215 $1,075,OOOF 10/26/1992 28 Parcel: 210-031-07-00 Privacy: Site: SHORE DR*CARLSBAD CA 92008 Owner: TERRAMAR ASSN Mail: RO BOX 1711*CARLSBAD CA 92018 VACANT MISCELLANEOUS Rl 02/28/1958 29 Parcel: 210-031-O8-00 Privacy: Site: 5 0 99 SHORE DR*CARLSBAD CA 92008 Owner: RICHARDS , STEVEN F & PATRICA C Mail: 5099 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1989 1 5,238 $6,500,OOOF 06/20/2014 30 Parcel: 210-031-10-00 Privacy: Site: 514 3 SHORE DR*CARLSBAD CA 92008 Owner: TURRO, PAUL J TRUST Mail: 5143 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1980 1 5 , 120 $850,OOOF 11/10/1988 Copyright DataQuici< Information Systems 1998-2000. The above information is sourced from pubiic information and is not guaranteed. Farms - 3 Line Use Code YrBIt Units SqFt SaleAn Phone SaleDt 31 Parcel: 210-031-11-00 Privacy: Owner: BROWN,ARTHUR & ALICE TRUST SINGLE FAMILY RESIDENCE Rl 1957 Site: 5157 SHORE DR*CARLSBAD CA Mail: 5157 SHORE DR*CARLSBAD CA 1 2,145 92008 92008 07/28/1971 32 Parcel: 210-031-14-00 Owner: SHORE DRIVE LLC SINGLE FAMILY RESIDENCE Rl Privacy: Site: 5ii5 SHORE DR*CARLSBAD CA Mail: 304 E 1600*OREM UT 1988 I 5,294 92008 84057 05/06/2013 33 Parcel: 210-031-15-00 Privacy: Owner: KEBOW FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1963 Site: 5 061 SHORE DR*CARLSBAD CA Mail: 5061 SHORE DR*CARLSBAD CA 1 2,631 92008 92008 08/28/1979 34 Parcel: 210-032-01-00 Privacy: Owner: PRITCHARD FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1956 Site: 5 0 98 SHORE DR*CARLSBAD CA Mail: 5098 SHORE DR*CARLSBAD CA 1 1,630 $1,560,OOOF 92008 92008 06/20/2014 35 Parcel: 210-032-02-00 Owner: WILLIAMS 1995 TRUST SINGLE FAMILY RESIDENCE Rl Privacy: Site: 5ii8 SHORE DR*CARLSBAD CA Mail: 5ii8 SHORE DR*CARLSBAD CA 1970 1 1,732 92008 92008 02/11/1977 36 Parcel: 210-032-03-00 Privacy: Owner: LEYVAS,DAVID A & TIFFANIE SINGLE FAMILY RESIDENCE Rl 1952 Site: 5136 SHORE DR*CARLSBAD CA 92008 Mail: 7135 E CAMELBACK RD F240*SCOTTSDALE AZ 85251 1 4,146 06/09/2008 37 Parcel: 210-032-04-00 Privacy: Owner: SMITH,RANDY & HOPE TRUST SINGLE FAMILY RESIDENCE Rl 1970 Site: 5154 SHORE DR*CARLSBAD CA Mail: 5154 SHORE DR*CARLSBAD CA 1 2,706 92008 92008 10/09/1997 38 Parcel: 210-032-05-01 Owner: UPPAL,MANDEEP s CONDOMINIUM, PUD Privacy: Site: 5155 CARLSBAD BLVD*CARLSBAD CA Mail: 5155 CARLSBAD BLVD*CARLSBAD CA Rl 1990 1 1,512 $630,OOOF 92008 92008 09/17/2013 39 Parcel: 210-032-05-02 Privacy: Owner: MCMILLIAN, SHARON L TRUST CONDOMINIUM, PUD Rl Site: 5157 CARLSBAD BLVD*CARLSBAD CA Mail: 5157 CARLSBAD BLVD*CARLSBAD CA 1 2,525 92008 92008 06/21/2013 40 Parcel: 210-032-O6-00 Privacy: Owner: KINSEY-ROTHSCHILD LIVING TRUST DUPLEX R2 19 52 Site: 5133 CARLSBAD BLVD*CARLSBAD CA 92008 Mail: 18814 LOS ALIMOS ST*N0RTHRIDGE CA 91326 2 1,056 $285,500F 12/18/2013 41 Parcel: 210-032-07-00 Owner: J SQUARED DEV LLC DUPLEX R2 Privacy: Site: 5115 CARLSBAD BLVD*CARLSBAD CA 92008 Mail: 5135 AVENIDA ENCINAS B*CARLSBAD CA 92008 1952 2 1,056 02/07/2014 42 Parcel: 210-032-08-00 Owner: CANNON,MARIA T SINGLE FAMILY RESIDENCE R2 Privacy: Site: 5 0 97 CARLSBAD BLVD*CARLSBAD CA Mail: 158 N MELROSE DR*VISTA CA 1 528 92008 92083 10/30/1984 43 Parcel: 210-033-02-00 Privacy: Owner: DOW FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1954 Site: 5080 CARLSBAD BLVD*CARLSBAD CA 92008 Mail: 4601 PARK COMMONS DR 103*SAINT LOUIS PARK 55416 1 1,046 12/27/2001 44 Parcel: 210-033-03-00 Privacy: Owner: KELLEY FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1952 Site: 5 0 98 CARLSBAD BLVD*CARLSBAD CA Mail: 190 BALI ST*MORRO BAY CA 1 1,624 $270,OOOF 92008 93442 01/17/1997 45 Parcel: 210-033-04-00 Owner: MISHRA, JAGDISH SINGLE FAMILY RESIDENCE Rl Privacy: Site: 5114 CARLSBAD BLVD*CARLSBAD CA Mail: 17 TAWNEY PT*ROCHESTER NY 1952 1 1,296 $840,OOOF 92008 14626 05/08/2009 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Farms - 3 Line Use Code ^^^^ YrBIt Units SqFt SaleAi Phone 46 Parcel: 210-033-05-00 Owner: JULLiAY,CHRISTIAN M SINGLE FAMILY RESIDENCE Rl Privacy: Site: 512 8 CARLSBAD BLVD*CARLSBAD CA Mail: 5400 LOS ROBLES DR*CARLSBAD CA 1953 1 1,688 $225,000 SaleDt 92008 92008 01/17/1997 47 Parcel: 210-033-O6-00 Privacy: Owner: LAFONTAINE,FREDERICK A SINGLE FAMILY RESIDENCE Rl 1956 Site: 514 0 CARLSBAD BLVD*CARLSBAD CA Mail: 514 0 CARLSBAD BLVD*CARLSBAD CA 1 1,477 $310,OOOF 92008 92008 06/27/1990 48 Parcel: 210-033-07-00 Owner: MCNULTY,PATRICK D SINGLE FAMILY RESIDENCE Privacy: Site: 515 6 CARLSBAD BLVD*CARLSBAD CA Mail: 515 6 CARLSBAD BLVD*CARLSBAD CA Rl 1956 1 1,501 $262,OOOF 92008 92008 06/30/1992 49 Parcel: 210-033-09-00 Privacy: Owner: BARELMANN, ROBERT H & MARGARET VACANT RESIDENTIAL Rl Site: CARLSBAD BLVD*CARLSBAD CA L Mail: RO BOX 1698*CARLSBAD CA $350,OOOF 92008 92018 10/24/2012 50 Parcel: 210-033-10-00 Privacy: Owner: COURY, ROBERT D & STEVEN TRUST SINGLE FAMILY RESIDENCE Rl 1952 Site: 5167 LOS ROBLES DR*CARLSBAD CA Mail: 5167 LOS ROBLES DR*CARLSBAD CA 1 1,468 $696,OOOF 92008 92008 04/01/2009 51 Parcel: 210-033-11-00 Privacy: Owner: PRINCE, JAMES & SUSAN SINGLE FAMILY RESIDENCE Rl 1952 Site: 5151 LOS ROBLES DR*CARLSBAD CA Mail: 712 S 3RD AVE*ARCADIA CA 1 1,203 92008 91006 10/30/1975 52 Parcel: 210-033-12-00 Owner: NOLAN, MICHAEL L SINGLE FAMILY RESIDENCE Rl Privacy: Site: 513 5 LOS ROBLES DR*CARLSBAD CA Mail: 5135 LOS ROBLES DR*CARLSBAD CA 1952 1 1,774 92008 92008 12/11/1992 53 Parcel: 210-033-13-00 Privacy: Owner: BROWNELL, JAN M TRUST SINGLE FAMILY RESIDENCE Rl 1952 Site: 5119 LOS ROBLES DR*CARLSBAD CA Mail: 5ii9 LOS ROBLES DR*CARLSBAD CA 1 1,134 $119,000 92008 92008 04/02/1987 54 Parcel: 210-033-14-00 Privacy: Owner: MCKINNON, LAUGHLIN NY SINGLE FAMILY RESIDENCE Rl 1980 Site: 5103 LOS ROBLES DR*CARLSBAD CA Mail: 5i03 LOS ROBLES DR*CARLSBAD CA 1 3,276 $520,OOOF 92008 92008 02/27/1998 55 Parcel: 210-033-15-00 Privacy: Owner: DAVIS FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1953 Site: 5 0 79 LOS ROBLES DR*CARLSBAD CA Mail: 5079 LOS ROBLES DR*CARLSBAD CA 1 1,166 $230,OOOF 92008 92008 04/22/1996 56 Parcel: 210-033-16-00 Owner: AYOUB,DAVID SINGLE FAMILY RESIDENCE Privacy: Site: 5065 LOS ROBLES DR*CARLSBAD CA Mail:-5065 LOS ROBLES DR*CARLSBAD CA Rl 1953 1 1,039 $229,OOOF 92008 92008 02/17/1995 57 Parcel: 210-033-17-00 Privacy: Owner: GILBERT & HOULIHAN TRUST SINGLE FAMILY RESIDENCE Rl 1962 Site: 5051 LOS ROBLES DR*CARLSBAD CA Mail: 3 942 FOOTHILL AVE*CARLSBAD CA 1 1,256 92008 92010 02/09/2000 58 Parcel: 210-033-18-00 Privacy: Owner: DELCASTILLO,HECTOR & MAYRA G SINGLE FAMILY RESIDENCE RI 1991 Site: 101 CANNON RD*CARLSBAD CA Mail: loi CANNON RD*CARLSBAD CA 1 3,126 $1,195,OOOF 92008 92008 11/16/2012 59 Parcel: 210-034-01-00 Privacy: Owner: ANNETT,CECIL T TRUST SINGLE FAMILY RESIDENCE Rl 1956 Site: 5050 LOS ROBLES DR*CARLSBAD CA 92008 Mail: 2800 NW BEUHLA VISTA TER*PORTLAND OR 97210 1 2,239 $460,OOOF 10/29/1999 60 Parcel: 210-034-02-00 Owner: GUTIER, RONALD SINGLE FAMILY RESIDENCE Privacy: Site: 5070 LOS ROBLES DR*CARLSBAD CA 92008 Mail: 15 SAINT ANN DR*SANTA BARBARA CA 93109 Rl 1953 1 1,022 $137,000 12/31/1986 Copyright DataQuick Information Systems 1998-2000. The above infomiation is sourced from pubiic infonnation and is not guaranteed. Farms - 3 Une Use Code YrBIt Units SqFt SaleAi 61 Parcel: 210-034-03-00 Owner: HAIR FAMILY TRUST SINGLE FAMILY RESIDENCE Phone SaleDt Rl Privacy: Site: 5090 LOS ROBLES DR*CARLSBAD CA Mail: 4821 WINDJAMMER WAY*CARLSBAD CA 1953 1 1,299 92008 92008 09/14/1979 62 Parcel: 210-034-04-00 Owner: ziss,ROBERT A SINGLE FAMILY RESIDENCE Privacy: Site: 5100 LOS ROBLES DR*CARLSBAD CA Mail: 5100 LOS ROBLES DR*CARLSBAD CA Rl 1953 1 1,364 92008 92008 05/25/1977 63 Parcel: 210-O6I-11-00 Privacy: Owner: BRUNON FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1959 Site: 5185 SHORE DR*CARLSBAD CA Mail: 1041 YALE ST*SANTA MONICA CA 1 1,942 92008 90403 07/10/2000 64 Parcel: 210-O6I-12-00 Owner: EBERSHOFF,DAVID A SINGLE FAMILY RESIDENCE Privacy: Site: 5i7i SHORE DR*CARLSBAD CA Mail: 476 BRADFORD ST*PASADENA CA Rl 1957 1 2,454 92008 91105 04/03/1998 65 Parcel: 210-O62-01-00 Privacy: Owner: URTON, HELEN z TRUST SINGLE FAMILY RESIDENCE Rl 1956 Site: 5172 SHORE DR*CARLSBAD CA Mail: 5172 SHORE DR*CARLSBAD CA 1 1,636 92008 92008 02/11/1991 66 Parcel: 210-O62-02-00 Privacy: Owner: BALLARD,ETHEL EILEEN TRUST SINGLE FAMILY RESIDENCE Rl 1952 Site: 5190 SHORE DR*CARLSBAD CA Mail: 5190 SHORE DR*CARLSBAD CA 1 1,180 92008 92008 08/06/1980 67 Parcel: 210-O62-11-00 Privacy: Owner: MIJUSKOVIC,BEN & RUTH SINGLE FAMILY RESIDENCE R2 2001 Site: 5185 CARLSBAD BLVD*CARLSBAD CA 92008 Mail: 428 CARNATION AVE B*C0R0NA DEL MAR CA 92625 4,388 $78,000 02/05/1980 68 Parcel: 210-O62-12-00 Privacy: Owner: MACMANUS,PAUL c & JILL G MULTI-FAMILY DWELLING (2-4 R2 1954 Site: 5171 CARLSBAD BLVD*CARLSBAD CA Mail: 5171 CARLSBAD BLVD*CARLSBAD CA 2 , 845 92008 92008 06/14/2004 69 Parcel: 210-063-01-00 Privacy: Owner: WARNER, ROBERT A & SUSAN E TR SINGLE FAMILY RESIDENCE Rl 1953 1 Site: 5170 CARLSBAD BLVD*CARLSBAD CA 92008 Mail: 1420 SLEEPING INDIAN RD*OCEANSIDE CA 92057 1,046 11/03/1983 70 Parcel: 210-063-02-00 Privacy: Site: 5184 CARLSBAD BLVD*CARLSBAD CA Owner: CARis-HART,CATHERINE A REVOCABLE Mail: PO BOX 13315*SCOTTSDALE AZ SINGLE FAMILY RESIDENCE Rl 1968 1 2,864 $500,OOOF 92008 85267 10/20/2000 Copyright DataQuick Infonnation Systems 1998-2000. The above infonnation is sourced from public information and is not guaranteed. Farms - 3 Une JAGDISH MISHRA 17 TAWNEY PT ROCHESTER, NY 14626-4849 DOW 4 601 PARK COMMONS DR 103 SAINT LOUIS P, MN 55416-4985 SHORE DRIVE LLC 304 E 1600 OREM, UT 84057-2740 WILLIAM W CLEMENTS 3500 E LINCOLN DR 18 PHOENIX, AZ 85018-1024 ARIE H DE JONG 20000 N RALSTON RD MARICOPA, AZ 85139-2739 HAC CARLSBAD RESIDENCE 53 0 S EMERSON ST CHT^LER, AZ 85225-5920 DAVID A Sc TIFFANIE LEYVAS 7135 E CAMELBACK RD F240 SCOTTSDALE, AZ 85251-1262 CATHERINE A CARIS-HART PO BOX 13 315 SCOTTSDALE, AZ 85267-3315 FRASSANITO 1412 STAGECOACH RD ALBUQUERQUE, NM 87123-4433 BRUNON 1041 YALE ST SANTA MONICA, CA 90403-4715 JAMES & SUSAN PRINCE 712 S 3RD AVE ARCADIA, CA 91006-3901 DAVID A EBERSHOFF 476 BRADFORD ST PASADENA, CA 91105-2407 MOSS 25408 COLETTE WAY CALABASAS, CA 913 02-3148 KINSEY-ROTHSCHILD 18814 LOS ALIMOS ST NORTHRIDGE, CA 91326-2747 J SQUARED DEV LLC 5135 AVENIDA ENCINAS B CARLSBAD, CA 92008-4341 COSTANTINO 500 9 TIERRA DEL ORO CARLSBAD, CA 92008-4351 SO ARMANDO P 2006 502 6 TIERRA DEL ORO CARLSBAD, CA 92008-4350 FLETCHER SURVIVORS 2 002 503 0 TIERRA DEL ORO CARLSBAD, CA 92008-4350 MAERKLE 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 HUARTE DAVID J QUALIFIED PERJ 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 F M 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PINON CANYON LAND & CATTLE C( 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HOMER L & NINA EATON 5 025 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HALL 5019 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HOMER L & NINA EATON 5025 TIERRA DEL ORO CARLSBAD, CA 92008-4351 COSTANTINO 5009 TIERRA DEL ORO CARLSBAD, CA 92008-4351 SMITH MARITAL 02-05-97 SMITH 5005 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PAUL D & KAREN SCHULTZ 5031 SHORE DR CARLSBAD, CA 92008-4345 JAMES C GILSTRAP 5067 SHORE DR CARLSBAD, CA 92008-4345 STEVEN F & PATRICA RICHARDS 5 099 SHORE DR CARLSBAD, CA 92008-4345 PAUL J TURRO 5143 SHORE DR CARLSBAD, CA 92008-4347 ARTHUR & ALICE BROWN 5157 SHORE DR CARLSBAD, CA 92008-4347 KEBOW 5061 SHORE DR CARLSBAD, CA 92008-4345 PRITCHARD 5098 SHORE DR CARLSBAD, CA 92008-4344 WILLIAMS 1995 5118 SHORE DR CARLSBAD, CA 92008-4346 RANDY & HOPE SMITH 5154 SHORE DR CARLSBAD, CA 92008-4346 MANDEEP S UPPAL 5155 CARLSBAD BLVD CARLSBAD, CA 92008-4305 SHARON L MCMILLIAN 5157 CARLSBAD BLVD CARLSBAD, CA 92008-4305 CHRISTIAN M JULLIAY 54 00 LOS ROBLES DR CARLSBAD, CA 92008-4422 FREDERICK A LAFONTAINE 514 0 CARLSBAD BLVD CARLSBAD, CA 92008-4304 PATRICK D MCNULTY 5156 CARLSBAD BLVD CARLSBAD, CA 92008-4304 ROBERT D & STEVEN COURY 5167 LOS ROBLES DR CARLSBAD, CA 92008-4327 MICHAEL L NOLAN 5135 LOS ROBLES DR CARLSBAD, CA 92008-4327 JAN M BROWNELL 5119 LOS ROBLES DR CARLSBAD, CA 92008-4327 LAUGHLIN MCKINNON 5103 LOS ROBLES DR CARLSBAD, CA 92008-4327 DAVIS 5079 LOS ROBLES DR CARLSBAD, CA 92008-4325 DAVID AYOUB 5065 LOS ROBLES DR CARLSBAD, CA 92008-4325 HECTOR & MAYRA DELCASTILLO 101 CANNON RD CARLSBAD, CA 92008-4300 ROBERT A ZISS 5100 LOS ROBLES DR CARLSBAD, CA 92008-4326 HELEN Z URTON 5172 SHORE DR CARLSBAD, CA 92008-4346 ETHEL BALLARD 5190 SHORE DR CARLSBAD, CA 92008-4346 PAUL C & JILL MACMANUS 5171 CARLSBAD BLVD CARLSBAD, CA 92008-4305 HAIR 4821 WINDJAMMER WAY CARLSBAD, CA 92008-3789 MICHAEL L BAGNALL 1990 DEERGRASS WAY CARLSBAD, CA 92009-8404 GILBERT & HOULIHAN 3 942 FOOTHILL AVE CARLSBAD, CA 92010-7000 MARGRET KYES 6621 VIREO CT CARLSBAD, CA 92011-3962 TERRAMAR ASSN PO BOX 1711 CARLSBAD, CA 92018-1711 ROBERT H & MARGARET BARELMANt PO BOX 1698 CARLSBAD, CA 92018-1698 ROBERT A & SUSAN WARNER 142 0 SLEEPING INDIAN RD OCEANSIDE, CA 92057-1107 TIERRA DEL ORO LLC PO BOX 906 RANCHO SANTA , CA 92067-0906 MARIA T CANNON 158 N MELROSE DR VISTA, CA 92083-5719 DOROTHY B CAMPBELL 24 54 ALTON PKWY IRVINE, CA 92606-5037 BEN & RUTH MIJUSKOVIC 428 CARNATION AVE B CORONA DEL MA, CA 92625-2810 RONALD GUTIER 15 SAINT ANN DR SANTA BARBARA, CA 93109-1238 KELLEY 190 BALI ST MORRO BAY, CA 93442-3107 BREZA 111 TWIN PEAKS DR WALNUT CREEK, CA 94595-1728 KENT A & DANA WHITSON 18 PEARL ST SAUSALITO, CA 94965-1717 CECIL T ANNETT 2800 NW BEUHLA VISTA TER PORTLAND, OR 97210-3305 *** 68 Printed *** ATTACHMENT "2" CERTIFICATION OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on q^tM (DATE) SIGNATURE: ^ PRINT NAME: CA?-Seti !~^C?UAfJ PROJECT NAME: YlEg-M t>&U *^ PROJECT NUMBER: O'^V i^-or j yXC^ )£^-0^ LOCATION; fetJ^£- kT yJo^T^ RETURN TO: SP^0 Gof^f- (Planner) CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue Carlsbad, CA 92008-7314 p-21 Page 4 of 6 Revised 07/10 ^ City of Carlsbad EARLY PUBLIC NOTICE PROJECT NAME: TIERRA DEL ORO RESIDENCE PROJECT NUMBER: CDP 14-05/NCP 14-05 This early public notice is to let you know that a development application for a single-family remodel project within your neighborhood has been submitted to the City of Carlsbad on August 7, 2014. The project application is undergoing its initial review by the City. LOCATION: 5039 Tierra Del Oro PROJECT DESCRIPTION: The project involves a partial demolition, remodel and addition to the following: 1) an existing 3,327 sq. ft. one-story single-family home with basement, and 2) a 962 sq. ft. detached garage/guest quarters (512 sq. ft. of garage area and 450 sq. ft. of guest living area). As proposed, the newly renovated single-family home will include a 3,041 sq. ft. basement, a 2,600 sq. ft. first floor, and a new 1,923 sq. ft. second floor for a total living area of 7,564 sq. ft. In addition, the newly renovated detached garage/guest quarters is proposing to include a 99 sq. ft. addition to the garage space and 41 sq. ft. addition to the guest living area for a total garage area of 611 sq. ft. and total guest living area of 491 sq. ft. The project also proposes additional site work in the form of new landscaping, decks and terraces, and an at grade pool. A Coastal Development Permit (CDP) is required for development within the Coastal Zone, while a Nonconforming Construction Permit (NCP) is required for the renovations to the existing garage/guest quarters due to inadequate yards. 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 iason.goff@carlsbadca.gov or (760) 602-4643, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. CofiitriUiKiy (it i.cofiO.nic i)s.:ueiopnse!)i Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 i 760-602-8560 fax City of Carlsbad Tierra Del Oro Residence CDP 14-05/NCP 14-05 A Map created by the City of Carlsbad GIS. Portions of the DERIVED PRODUCT contain geographic information copyrighted by SanGIS. All Rights Reserved SITE PLAN NOTES CMLENG)NEER PROJECTNAME SUMMARY TABLE A.P.N. LEOAL DESCRIPTION SCOaT^MOrs IVKOMt Liilis(HNi30«2 CvMnd.CAncoa OROSSSTTEAREA ZONE TOTAL BUILDING COVERAGE ALLOWABLE FOR ZONE (R-1) LOT AREA 36,600 SF BUILDING COVERAGE 4,803 SF PROPOSB} BUILDINO AREA %OF LANDSCAPttlQ UMN HOUSE: S.O»SF OARME. ^.^a^sF SCHOOL DISmCT PARNNO SPACES REQUKED ft PROVIDHl - METAL WirCOWS - WOOD PAirneo sHurrER Garage/Guest House - East Elevation (Facing Tierra Del Oro) Main House - East Elevation (Facing Garage/Guesthouse and Tierra Del Oro) - woo SHUTTERS CHIMNEY PROTRUSION ABOVE HEIGHT UMrT PER MUNIPICM. CODE SECTION: 21.4«.020 Main House - North Elevation ^aAV-OSHNffi-l. UIOXtolAeWUMM f Hidn-doj pjoqai e| ja|9A9J ! ap iqie ainipeii 8| 9 28||daii luauiafijeq} apsuas • ®09I.S ®AH3AV tiJeqeB 3| Z9St\iin jaiad 9 seipei ssnanbmp CURRENT RESIDENT 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 CURRENT RESIDENT 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 CURRENT RESIDENT 5040 TIERRA DEL ORO CARLSBAD, CA 92008-4350 CURRENT RESIDENT 5039 TIERRA DEL ORO CARLSBAD, CA 92008-4351 CURRENT RESIDENT 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 CURRENT RESIDENT 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 CURRENT RESIDENT 5021 SHORE DR CARLSBAD, CA 92008-4345 CURRENT RESIDENT 5031 SHORE DR CARLSBAD, CA 92008-4345 CURRENT RESIDENT 5051 SHORE DR CARLSBAD, CA 92008-4345 CURRENT RESIDENT 5067 SHORE DR CARLSBAD, CA 92008-4345 CURRENT RESIDENT 5061 SHORE DR CARLSBAD, CA 92008-4345 *** 11 Printed I m096S ®AU3AV f Mi36P3 dn-dod asodxa ! o) au!| 6uo|e puag jaded paaj • ®091S e»e|duiai g^aAv asn 1 I AMaAV-OSHWS-l. UKWteAeiNMMW f Nidn-dod pjoqai a| ja|9A9J ^! ap me ainipBii e| 9 z^dau )uaiua5jeq3 apsuas • ^ ®09i.S®A}l3AV}ueqe6e|zas!|!)n ja|3d f saipe^ sauanbn^ JAGDISH MISHRA 17 TAWNEY PT ROCHESTER, NY 14626-4849 DOW *M* 414 E HICKORY ST HINSDALE, IL 60521-3808 SHORE DRIVE LLC 304 E 1600 OREM, UT 84057-2740 WILLIAM W CLEMENTS 3500 E LINCOLN DR 18 PHOENIX, AZ 85018-1024 DAVID A & TIFFANIE LEYVAS 7135 E CAMELBACK RD F24 0 SCOTTSDALE, AZ 85251-1262 CATHERINE A CARIS-HART PO BOX 13315 SCOTTSDALE, AZ 85267-3315 FRASSANITO 1412 STAGECOACH RD ALBUQUERQUE, NM 87123-4433 BRUNON 1041 YALE ST SANTA MONICA, CA 90403-4715 JAMES & SUSAN PRINCE 712 S 3RD AVE ARCADIA, CA 91006-3901 DAVID A EBERSHOFF 47 6 BRADFORD ST PASADENA, CA 91105-2407 MOSS 25408 COLETTE WAY CALABASAS, CA 91302-3148 DON R KINSEY 18814 LOS ALIMOS ST NORTHRIDGE, CA 91326-2747 COSTANTINO 5009 TIERRA DEL ORO CARLSBAD, CA 92008-4351 SO ARMANDO P 2006 502 6 TIERRA DEL ORO CARLSBAD, CA 92008-4350 FLETCHER SURVIVORS 2002 5030 TIERRA DEL ORO CARLSBAD, CA 92008-4350 MAERKLE 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 HUARTE DAVID J QUALIFIED *M* 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 MFT 2012 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PINON CANYON LAND & CATTLE C( 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HOMER L & NINA EATON 5025 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HALL 5019 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HOMER L & NINA EATON 5025 TIERRA DEL ORO CARLSBAD, CA 92008-4351 COSTANTINO 5009 TIERRA DEL ORO CARLSBAD, CA 92008-4351 SMITH MARITAL 02-05-97 VARRO 5005 TIERRA DEL ORO CARLSBAD, CA 92008-4351 DOROTHY CAMPBELL 5003 TIERRA DEL ORO CARLSBAD, CA 92008-4351 HERBERT R & LORINE BYRNE 5001 TIERRA DEL ORO CARLSBAD, CA 92008-4351 PAUL D & KAREN SCHULTZ 5031 SHORE DR CARLSBAD, CA 92008-4345 JAMES C GILSTRAP 50 67 SHORE DR CARLSBAD, CA 92008-4345 PAUL J TURRO 5143 SHORE DR CARLSBAD, CA 92008-4347 ARTHUR & ALICE BROWN *M* 5157 SHORE DR CARLSBAD, CA 92008-4347 11.10965 ®Atl3AV r luSBpa divdod asodxa j o) aufi 6uo|e puaa jaded P93d T ®ms eieiduiai g,AjeAV asn sieaei ^.tsaA Ase? T I I AU3AV-O9-008-1 luotMiaMsmmm r«idn-dod pioqai a|ja|9A^ lapuyeainipeiiei^z^iiati ep»>as ®09I.S ®A)I3AV )|Jeqe6 e| ZBSi\nn jaiad f saipc;! sananbi^i KEBOW 5061 SHORE DR CARLSBAD, CA 92008-4345 ATLAS 2013 5098 SHORE DR CARLSBAD, CA 92008-4344 WILLIAMS 1995 5118 SHORE DR CARLSBAD, CA 92008-4346 RANDY & HOPE SMITH 5154 SHORE DR CARLSBAD, CA 92008-4346 MANDEEP S UPPAL 5155 CARLSBAD BLVD CARLSBAD, CA 92008-4305 SHARON MCMILLIAN 5157 CARLSBAD BLVD CARLSBAD, CA 92008-4305 MCCARTHY 5173 CARLSBAD BLVD A CARLSBAD, CA 92008-4305 CHRISTIAN M JULLIAY 5400 LOS ROBLES DR CARLSBAD, CA 92008-4422 FREDERICK A LAFONTAINE 5140 CARLSBAD BLVD CARLSBAD, CA 92008-4304 PATRICK D MCNULTY 5156 CARLSBAD BLVD CARLSBAD, CA 92008-4304 ROBERT D & STEVEN COURY 5167 LOS ROBLES DR CARLSBAD, CA 92008-4327 MICHAEL L & SANDRA NOLAN 5135 LOS ROBLES DR CARLSBAD, CA 92008-4 327 JAN M BROWNELL 5119 LOS ROBLES DR CARLSBAD, CA 92008-4327 LAUGHLIN MCKINNON 5103 LOS ROBLES DR CARLSBAD, CA 92008-4327 DAVIS 507 9 LOS ROBLES DR CARLSBAD, CA 92008-4325 DAVID AYOUB 5065 LOS ROBLES DR CARLSBAD, CA 92008-4325 HECTOR & MAYRA DELCASTILLO 101 CANNON RD CARLSBAD, CA 92008-4300 ROBERT A ZISS 5100 LOS ROBLES DR CARLSBAD, CA 92008-4326 GIBBS 5195 SHORE DR CARLSBAD, CA 92008-4347 HELEN Z URTON 5172 SHORE DR CARLSBAD, CA 92008-4346 ETHEL BALLARD 5190 SHORE DR CARLSBAD, CA 92008-434 6 PAUL C & JILL MACMANUS 5171 CARLSBAD BLVD CARLSBAD, CA 92008-4305 MARGIE DOEHNER 5183 LOS ROBLES DR CARLSBAD, CA 92008-4327 HAIR 4821 WINDJAMMER WAY CARLSBAD, CA 92008-3789 MICHAEL L & EMILY BAGNALL 1990 DEERGRASS WAY CARLSBAD, CA 92009-8404 GILBERTHOULIHAN *M* 3942 FOOTHILL AVE CARLSBAD, CA 92010-7000 JOAN D COOK 7040 AVENIDA ENCINAS 104-3 CARLSBAD, CA 92011-4 652 MARGRET KYES 6621 VIREO CT CARLSBAD, CA 92011-3962 TERRAMAR ASSN PO BOX 860 CARLSBAD, CA 92018-0860 ROBERT H & MARGARET BARELMANI PO BOX 1698 CARLSBAD, CA 92018-1698 I N1096S ®AU3AV f Nia6p3 dn-dod asodxa I o) aui| 6uo|e puag jaded paad T ®091S ajBiduiai g,AiaAv asn siaqei ^laad Ase? Y I I • AHaAV-OEH)08-l UKOAlBAe-mMM f Midn-dod pioqaj a| jai^A^j '! ep uye aimpeii e| 9 z^ag )uauja6jeq3 apsuas ®09I.S ®A113AV tueqeB a| zasmn jaiad f saipei sananbnp BRIAN & BEVERLY BUFFINI 1310 SIERRA LINDA DR ESCONDIDO, CA 92025-7625 ROBERT A & SUSAN WARNER 1420 SLEEPING INDIAN RD OCEANSIDE, CA 92057-1107 TIERRA DEL ORO LLC PO BOX 90 6 RANCHO SANTA , CA 92067-0906 MARIA T CANNON 158 N MELROSE DR VISTA, CA 92083-5719 BEN & RUTH MIJUSKOVIC 428 CARNATION AVE B CORONA DEL MA, CA 92625-2810 RONALD GUTIER 15 SAINT ANN DR SANTA BARBARA, CA 93109-1238 KELLEY 190 BALI ST MORRO BAY, CA 93442-3107 BREZA 111 TWIN PEAKS DR WALNUT CREEK, CA 94595-1725 KENT A & DANA WHITSON 18 PEARL ST SAUSALITO, CA 94 965-1717 CEC ANNETT 2800 NW BEUHLA VISTA TER PORTLAND, OR 97210-3305 *** 70 Printed *** A notice has been mailed to all property owners/occupants listed herein. ^ i ,^ i ,w •ate; f jj , Signature; IIU096S ®AU3AV r NiSfipa dn-dod asodxa I 0) auji Suoje puag ®091S a»B|duiai ©AiaAv asn siaqei «,|ead Aseg ATYM^mmt I HEREBY CERTIFY THAT Tm PROPERTY OVWiERS UST Mm LABELS SUSfyMTTED TO THE CITY OF CARLSBAD ON THiS DATE REPRESENT THE UTEST AVAJLABLE II^^ORMATION FROM THE EQUAU^0ASSESK3R'S ROUES, fj^'ro^^ 1:^3]//5 APPUCATION mm m> NUWBER NTATtVe RecaBVEOSY ST^*A p-at pam* sore 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: 210-020-08 600 FT. DATED 12/31/2013 WELLfTFTLE PRO SYSTEMS Use Code ie YrBIt Units SqFt SaleAmt^ Phone SaleDt 1 Parcel: 210-010-40-00 ^^Privacy: Owner: SAN DIEGO GAS & ELECTRIC CO Site: CANNON RD*CARLS CA Mail: CANNON RD*CARLSBAD CA 05/21/1999 2 Parcel: 210-010-44-00 Privacy: Owner: SAN DIEGO GAS & ELECTRIC CO Site: CARLSBAD BLVD*CARLSBAD CA Mail: CARLSBAD BLVD*CARLSBAD CA 3 Parcel: 210-020-01-00 Privacy: Owner: COSTANTINO FAMILY TRUST SINGLE FAMILY RESIDENCE Rl 1956 * p* 1 Site: 502 0 Mail: 5009 1, 422 TIERRA DEL 0R0*CARLSBAD TIERRA DEL 0R0*CARLSBAD CA CA 92008 92008 03/18/2011 4 Parcel: 210-020-02-00 Privacy: Owner: FRASSANITO REVOC TRUST 01-10-02 SINGLE FAMILY RESIDENCE Rl 1956 1 Site: 5022 Mail: 1412 3,783 TIERRA DEL ORO*CARLSBAD CA STAGECOACH RD*ALBUQUERQUE NM $420,OOOF 92008 87123 03/24/1998 5 Parcel: 210-020-03-00 Privacy: Owner: SO ARMANDO P 2 006 TRUST SINGLE FAMILY RESIDENCE Rl 1985 1 Site: 502 6 Mail: 5026 2,844 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD $1,525,OOOF CA CA 92008 92008 07/30/2009 6 Parcel: 210-020-04-00 Privacy: Owner: FLETCHER SURVIVORS 2002 TRUST SINGLE FAMILY RESIDENCE Rl 1956 + p + 04 1 Site: 5030 Mail: 5030 1, 304 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD CA CA 92008 92008 06/17/2010 7 Parcel: 210-020-05-00 Privacy: Owner: MAERKLE FAMILY TRUST 02-11-98 SINGLE FAMILY RESIDENCE Rl 1956 1 Site: 5032 Mail: 5032 1,342 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD CA CA 92008 92008 08/23/1955 8 Parcel: 210-020-06-00 Privacy: *M* Owner: HUARTE DAVID J QUALIFIED PERSONA SINGLE FAMILY RESIDENCE Rl 1976 1 Site: 503 6 Mail: 5036 2,723 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD $386,OOOF CA CA 92008 92008 07/01/1996 9 Parcel: 210-020-07-00 Privacy: Owner: COOK, JOAN D TRUST SINGLE FAMILY RESIDENCE Rl 1976 1 Site: 504 0 Mail: 7040 2,765 TIERRA DEL ORO*CARLSBAD CA AVENIDA ENCINAS 104-3*CARLSBAD CA $1,595,OOOF 92008 92011 06/14/2013 10 Parcel: 210-020-08-00 Privacy: Owner: TIERRA DEL ORO LLC SINGLE FAMILY RESIDENCE 1 1959 1 Site: 5039 TIERRA DEL 0R0*CARLSBAD CA Mail: PO BOX 906*RANCHO SANTA FE CA 3,056 $4,500,OOOF 92008 92067 06/05/2013 11 Parcel: 210-020-09-00 Privacy: Owner: MFT 2012 TRUST SINGLE FAMILY RESIDENCE Rl 1958 1 Site: 5035 Mail: 5035 4, 055 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD CA CA 92008 92008 05/22/2013 12 Parcel: 210-020-10-00 Privacy: Owner: PINON CANYON LAND & CATTLE CO SINGLE FAMILY RESIDENCE 1 1973 1 Site: 5031 Mail: 5031 3,410 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD $3,500,OOOF CA CA 92008 92008 05/24/2013 13 Parcel: 210-020-11-00 Privacy:*?* Owner: BAGNALL, MICHAEL L & EMILY T FAMI SINGLE FAMILY RESIDENCE Rl 1990 1 Site: 502 9 Mail: 1990 3, 845 TIERRA DEL ORO*CARLSBAD CA DEERGRASS WAY*CARLSBAD CA $1,000,000 92008 92009 04/01/1997 14 Parcel: 210-020-12-00 Privacy: Owner: EATON,HOMER L & NINA B FAMILY SINGLE FAMILY RESIDENCE Rl 1957 TR 1 Site: 5025 Mail: 5025 2,332 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD $975,OOOF CA CA 92008 92008 10/31/1990 15 Parcel: 210-020-13-00 Privacy: Owner: CLEMENTS,WILLIAM W TRUST SINGLE FAMILY RESIDENCE Rl 1958 1 Site: 5021 Mail: 3500 2,419 TIERRA DEL ORO*CARLSBAD CA E LINCOLN DR 18*PH0ENIX AZ (602)667-0338 92008 85018 05/30/1985 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Fanns - 3 Line Use Code 2^ le YrBIt Units SqFt SaleAmt^^ Phone SaleDt 16 Parcel: 210-020-14-00 Owner: HALL FAMILY TRUST SINGLE FAMILY RESIDENCE w Rl r Privacy: 1977 1 Site: 5019 Mail: 5019 6,480 TIERRA DEL ^^*CARLSBAD TIERRA DEL 0R0*CARLSBAD $8,000,OOOF CA CA 92008 92008 04/20/2012 17 Parcel: 210-020-15-00 Owner: MOSS LIVING TRUST SINGLE FAMILY RESIDENCE 08-2 Rl Privacy: 8-90 1959 1 Site: 5015 Mail: 2540 1,593 TIERRA DEL 0R0*CARLSBAD CA 3 COLETTE WAY*CALABASAS CA $2,625,OOOF 92008 91302 02/02/2004 18 Parcel: 210-020-I6-00 Owner: EATON, HOMER L & NINA B VACANT RESIDENTIAL Rl Privacy: FAMILY TR Site: TIERRA DEL ORO*CARLSBAD CA Mail: 5025 TIERRA DEL ORO*CARLSBAD $2,700,OOOF CA 92008 92008 01/21/2009 19 Parcel: 210-020-17-00 Owner: COSTANTINO FAMILY SINGLE FAMILY RESIDENCE Privacy: TRUST Rl 1983 * p* 1 Site: 5009 Mail: 5009 3, 014 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD CA CA 92008 92008 11/12/2008 20 Parcel: 210-020-18-00 Owner: SMITH MARITAL 02- SINGLE FAMILY RESIDENCE 05-97 Rl Privacy: VARRO L 1956 * p* F 1 Site: 5005 Mail: 5005 2, 325 TIERRA DEL ORO*CARLSBAD TIERRA DEL ORO*CARLSBAD $1,400,OOOF CA CA 92008 92008 05/06/1993 21 Parcel: 210-020-21-00 Owner: BREZA TRUST 11-20 SINGLE FAMILY RESIDENCE -90 Rl Privacy: 1956 1 Site: 5016 Mail: m 1, 973 TIERRA DEL ORO*CARLSBAD CA rwiN PEAKS DR*WALNUT CREEK CA 92008 94595 12/26/1990 22 Parcel: 210-020-22-00 Owner: CAMPBELL, DOROTHY SINGLE FAMILY RESIDENCE Privacy: B 2001 TRUST Rl 1980 1 Site: 5003 Mail: 5003 4, 897 TIERRA DEL ORO*CARLSBAD TIERRA DEL OR0*CARLSBAD $2,600,OOOF CA CA 92008 92008 04/15/2005 23 Parcel: 210-020-23-00 Privacy: Site: 5001 TIERRA DEL ORO*CARLSBAD CA 92008 Owner: BYRNE, HERBERT R & LORINE C SINGLE FAMILY RESIDENCE Rl 1980 Mail: 5001 TIERRA DEL ORO*CARLSBAD CA 4,171 $2,100,OOOF 92008 08/25/1998 24 Parcel: 210-031-01-00 Privacy: Owner: KYES,MARGRET TRUST 08-12-93 SINGLE FAMILY RESIDENCE Rl 1959 1 Site: 5021 SHORE DR*CARLSBAD CA Mail: 6621 viREo CT*CARLSBAD CA 1, 707 92008 92011 08/27/1971 25 Parcel: 210-031-02-00 Privacy: Owner: SCHULTZ,PAUL D & KAREN L SINGLE FAMILY RESIDENCE Rl 1957 1 Site: 5031 SHORE DR*CARLSBAD CA Mail: 5031 SHORE DR*CARLSBAD CA 1, 896 92008 92008 06/30/1989 26 Parcel: 210-031-03-00 Privacy: Owner: WHITSON, KENT A & DANA H FAMILY T SINGLE FAMILY RESIDENCE Rl 1957 1 Site: 5051 SHORE DR*CARLSBAD CA Mail: 18 PEARL ST*SAUSALITO CA 2,550 92008 94965 10/23/1980 27 Parcel: 210-031-06-00 Owner: GILSTRAP, JAMES SINGLE FAMILY RESIDENCE C TRUST Rl Privacy: *P* 01-16-95 1995 1 Site: 5067 Mail: 5067 5,215 SHORE DR*CARLSBAD SHORE DR*CARLSBAD $1,075,OOOF CA CA 92008 92008 10/26/1992 28 Parcel: 210-031-07-00 Owner: TERRAMAR ASSN VACANT MISCELLANEOUS Rl Privacy: Site: SHORE DR* CARLSBAD CA Mail: PO BOX 860*CARLSBAD CA 92008 92018 02/28/1958 29 Parcel: 210-031-08-00 Owner: BUFFINI , BRIAN SINGLE FAMILY RESIDENCE Privacy: & BEVERLY Rl 1989 1 Site: 5099 Mail: 1310 5,111 SHORE DR*CARLSBAD CA SIERRA LINDA DR*ESCONDIDO CA $4,700,OOOF 92008 92025 01/31/2013 30 Parcel: 210-031-10-00 Owner: TURRO, PAUL j TRUST SINGLE FAMILY RESIDENCE Rl Privacy: *P* 1980 1 Site: 5143 Mail: 5143 5,120 SHORE DR*CARLSBAD SHORE DR*CARLSBAD $850,OOOF CA CA 92008 92008 11/10/1988 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Famis - 3 Une Use Code 32 Parcel: 210-031-14-00 Privacy: Site: 5115 SHORE DR*CARLSBAD CA 92008 Owner: SHORE DRIVE LLC Mail: 304 E 1600 *OREM UT 84057 SINGLE FAMILY RESIDENCE Rl 1988 1 5,294 05/06/2013 33 Parcel: 210-031-15-00 Privacy: * P* Site: 50 61 SHORE DR*CARLSBAD CA 92008 Owner: KEBOW FAMILY TRUST Mail: 5061 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1963 1 2, 631 08/28/1979 34 Parcel: 210-032-01-00 Privacy: Site: 5098 SHORE DR*CARLSBAD CA 92008 Owner: ATLAS 2013 TRUST Mail: 5098 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1956 1 1, 630 $1,200,OOOF 10/12/2012 35 Parcel: 210-032-02-00 Privacy: Site: 5118 SHORE DR*CARLSBAD CA 92008 Owner: WILLIAMS 1995 TRUST 07 -21-95 Mail: 5118 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1970 1 1, 732 02/11/1977 36 Parcel: 210-032-03-00 Privacy: Site: 5136 SHORE DR*CARLSBAD CA 92008 Owner: LEYVAS, DAVID A & TIFFANIE Mail: 7135 E CAMELBACK RD F240*SCOTTSDALE AZ 85251 SINGLE FAMILY RESIDENCE Rl 1952 1 4,146 06/09/2008 37 Parcel: 210-032-04-00 Privacy: * P* Site: 5154 SHORE DR*CARLSBAD CA 92008 Owner: SMITH, RANDY & HOPE FAMILY TRUST Mail: 5154 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1970 1 2,706 10/09/1997 YrBIt Units SqFt SaleAm 31 Parcel: 210-031-11-00 "^Privacy: *M* Owner: BROWN, ARTHUR & ALICE FAMILY TRUS SINGLE FAMILY RESIDENCE Rl 1957 1 AIIESI Phone SaleDt Site: 5157 SHORE DR*CAllESBAD CA Mail: 5157 SHORE DR*CARLSBAD CA 2,145 92008 92008 07/28/1971 38 Parcel: 210-032-05-01 Owner: UPPAL,MANDEEP s CONDOMINIUM, PUD Privacy: Rl 1990 1 Site: 5155 CARLSBAD BLVD*CARLSBAD CA Mail: 5155 CARLSBAD BLVD*CARLSBAD CA 1,512 $630,OOOF 92008 92008 09/17/2013 39 Parcel: 210-032-05-02 Privacy: Owner: MCMILLIAN, SHARON L TR CONDOMINIUM, PUD Rl 1 Site: 5157 CARLSBAD BLVD*CARLSBAD CA Mail: 5157 CARLSBAD BLVD*CARLSBAD CA 2,525 92008 92008 06/21/2013 40 Parcel: 210-032-06-00 Owner: KINSEY, DON R DUPLEX Privacy: *P* R2 1952 2 Site: 5133 CARLSBAD BLVD*CARLSBAD CA 92008 Mail: 18814 LOS ALIMOS ST*N0RTHRIDGE CA 91326 1,056 $285,500F 12/18/2013 41 Parcel: 210-032-07-00 Privacy: Site: 5115 CARLSBAD BLVD*CARLSBAD CA ^==^^^= 92008 Owner: MCCARTHY REVOC LIVING TRUST 01--1 Mail: 5173 CARLSBAD BLVD A*CARLSBAD CA 92008 DUPLEX R2 1952 2 1, 056 06/04/2004 42 Parcel: 210-032-08-00 Privacy: * P* Site: 5097 CARLSBAD BLVD*CARLSBAD CA 92008 Owner: CANNON,MARIA T Mail: 158 N MELROSE DR*VISTA CA 92083 SINGLE FAMILY RESIDENCE R2 1 528 10/30/1984 43 Parcel: 210-033-02-00 Privacy: * M* Site: 5080 CARLSBAD BLVD*CARLSBAD CA 92008 Owner: DOW FAMILY TRUST A 09-20-89 Mail: 414 E HICKORY ST*HINSDALE IL 60521 SINGLE FAMILY RESIDENCE Rl 1954 1 1,046 12/27/2001 44 Parcel: 210-033-03-00 Privacy: Site: 50 98 CARLSBAD BLVD*CARLSBAD CA 92008 Owner: KELLEY FAMILY TRUST 10 -13-06 Mall: 190 BALI ST*MORRO BAY CA 93442 SINGLE FAMILY RESIDENCE Rl 1952 1 1,624 $270 , OOOF 01/17/1997 45 Parcel: 210-033-04-00 Privacy: Site: 5114 CARLSBAD BLVD*CARLSBAD CA 92008 Owner: MISHRA, JAGDISH Mall: 17 TAWNEY PT*R0CHESTER NY 14626 SINGLE FAMILY RESIDENCE Rl 1952 1 1,296 $840,OOOF 05/08/2009 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public infonnation and is not guaranteed. Famis - 3 Une Use Code YrBIt Units SqFt SaleAmt^ Phone SaleDt 46 Parcel: 210-033-05-00 ^^Privacy: Owner: JULLIAY, CHRISTIAN M SINGLE FAMILY RESIDENCE Rl 1953 1 Site: 5128 Mail: 54 00 1,688 CARLSBAD Bi^P^CARLSBAD CA LOS ROBLES DR*CARLSBAD CA $225,000 (760)438-1 875 92008 92008 01/17/1997 47 Parcel: 210-033-06-00 Privacy: Owner: LAFONTAINE, FREDERICK A SINGLE FAMILY RESIDENCE Rl 195 6 * p + 1 Site: 514 0 Mail: 5140 1,477 CARLSBAD BLVD*CARLSBAD CARLSBAD BLVD*CARLSBAD $310,OOOF CA CA 92008 92008 06/27/1990 48 Parcel: 210-033-07-00 Privacy: Owner: MCNULTY, PATRICK D TRUST SINGLE FAMILY RESIDENCE Rl 1956 1 Site: 5156 Mail: 5156 1,501 CARLSBAD BLVD*CARLSBAD CA CARLSBAD BLVD*CARLSBAD CA $262,OOOF (760)814-8 169 92008 92008 06/30/1992 49 Parcel: 210-033-09-00 Privacy: Owner: BARELMANN, ROBERT H & MARGARET VACANT RESIDENTIAL Rl L Site: CARLSBAD BLVD*CARLSBAD CA Mail: PO BOX 1698*CARLSBAD CA $350,OOOF 92008 92018 10/24/2012 50 Parcel: 210-033-10-00 Privacy: Owner: COURY, ROBERT D & STEVEN SINGLE FAMILY RESIDENCE Rl 1952 1 Site: 5167 Mail: 5167 1, 468 LOS LOS ROBLES DR*CARLSBAD ROBLES DR*CARLSBAD $696,OOOF CA CA 92008 92008 04/01/2009 51 Parcel: 210-033-11-00 Privacy: Owner: PRINCE, JAMES & SUSAN SINGLE FAMILY RESIDENCE Rl 1952 1 Site: 5151 Mail: 712 1,203 LOS ROBLES DR*CARLSBAD 3 3RD AVE*ARCADIA CA CA 92008 91006 10/30/1975 52 Parcel: 210-033-12-00 Privacy: Owner: NOLAN,MICHAEL L & SANDRA L V SINGLE FAMILY RESIDENCE Rl 1952 1 Site: 5135 Mail: 5135 1,774 LOS LOS ROBLES DR*CARLSBAD ROBLES DR*CARLSBAD CA CA 92008 92008 12/11/1992 53 Parcel: 210-033-13-00 Privacy: Owner: BROWNELL, JAN M TRUST 01-19-06 SINGLE FAMILY RESIDENCE Rl 1952 1 Site: 5119 Mail: 5119 1,134 LOS LOS ROBLES DR*CARLSBAD ROBLES DR*CARLSBAD $119,000 CA CA 92008 92008 04/02/1987 54 Parcel: 210-033-14-00 Privacy: Owner: MCKINNON, LAUGHLIN NY SINGLE FAMILY RESIDENCE Rl 1980 1 Site: 5103 Mail: 5103 3,276 LOS LOS ROBLES DR*CARLSBAD ROBLES DR*CARLSBAD $520,OOOF CA CA 92008 92008 02/27/1998 55 Parcel: 2l0-033-15-00 Privacy: Owner: DAVIS FAMILY TRUST 08-30-06 SINGLE FAMILY RESIDENCE Rl 1953 1 Site: 507 9 Mail: 5079 1,166 LOS LOS ROBLES DR*CARLSBAD ROBLES DR*CARLSBAD $230,OOOF CA CA 92008 92008 04/22/1996 56 Parcel: 210-033-16-00 Privacy: Owner: AYOUB, DAVID SINGLE FAMILY RESIDENCE Rl 1953 * p* 1 Site: 50 65 Mail: 5065 1, 039 LOS LOS ROBLES DR*CARLSBAD ROBLES DR*CARLSBAD $229,OOOF CA CA 92008 92008 02/17/1995 57 Parcel: 210-033-17-00 Privacy: Owner: GILBERTHOULIHAN TRUST 06-25-92 SINGLE FAMILY RESIDENCE Rl 1962 1 Site: 5051 Mail: 3942 1,256 LOS ROBLES DR*CARLSBAD CA FOOTHILL AVE*CARLSBAD CA 92008 92010 02/09/2000 58 Parcel: 210-033-18-00 Privacy: Owner: DELCASTILLO, HECTOR & MAYRA G SINGLE FAMILY RESIDENCE RI 1991 1 Site: 101 Mail: 101 3,126 CANNON RD*CARLSBAD CA CANNON RD*CARLSBAD CA $1,195,OOOF 92008 92008 11/16/2012 59 Parcel: 210-034-01-00 Privacy: Owner: ANNETT,CEC SINGLE FAMILY RESIDENCE Rl 1956 1 Site: 5050 Mail: 2800 2,239 LOS NW ROBLES DR*CARLSBAD CA BEUHLA VISTA TER*PORTLAND $460,OOOF OR 92008 97210 10/29/1999 60 Parcel: 210-034-02-00 Privacy: Owner: GUTIER, RONALD SINGLE FAMILY RESIDENCE Rl 1953 1 Site: 507 0 LOS Mail: 15 SAINT 1,022 ROBLES DR*CARLSBAD CA ANN DR*SANTA BARBARA CA $137,000 92008 93109 12/31/1986 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Fam7S - 3 Line Use Code 62 Parcel: 210-034-04-00 Privacy: Site: 5100 LOS ROBLES DR*CARLSBAD CA 92008 Owner: ZISS,ROBERT A Mail: 5100 LOS ROBLES DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1953 1 1, 364 (760 )804-9514 05/25/1977 63 Parcel: 210-061-10-00 Privacy: *P* Site: 5195 SHORE DR*CARLSBAD CA 92008 Owner: GIBBS FAMILY TRUST 01-13-89 Mail: 5195 SHORE DR*CARLSBAD CA 92008 SINGLE FAMILY RESIDENCE Rl 1992 1 5,399 12/03/2001 61 YrBIt Units SqFt SaleAmt^ Phone SaleDt Parcel: 210-034-03-00 "^Privacy: Owner: HAIR FAMILY TRUST 03-09-10 SINGLE FAMILY RESIDENCE Rl 1953 Site: 5090 LOS ROBLES W*CARLSBAD CA Mail: 4 821 WINDJAMMER WAY*CARLSBAD CA 1,299 92008 92008 09/14/1979 64 Parcel: 210-061-11-00 Privacy: Owner: BRUNON FAMILY TRUST 01-13-00 SINGLE FAMILY RESIDENCE Rl 1959 1 Site: 5185 SHORE DR*CARLSBAD CA Mail: 1041 YALE ST*SANTA MONICA CA 1,942 $1,000,OOOF 92008 90403 08/23/1990 65 Parcel: 210-061-12-00 Owner: EBERSHOFF, DAVID A SINGLE FAMILY RESIDENCE Privacy: Rl 1957 1 Site: 5171 SHORE DR* CARLSBAD CA Mail: 476 BRADFORD ST*PASADENA CA 2,454 92008 91105 04/03/1998 66 Parcel: 210-062-01-00 Privacy: Owner: URTON, HELEN z TRUST SINGLE FAMILY RESIDENCE Rl 1956 Site: 5172 SHORE DR*CARLSBAD CA Mail: 5172 SHORE DR*CARLSBAD CA 1, 636 92008 92008 02/11/1991 67 Parcel: 210-O62-02-OO Privacy: Owner: BALLARD, ETHEL EILEEN TRUST 01-25 SINGLE FAMILY RESIDENCE Rl 1952 1 Site: 5190 SHORE DR*CARLSBAD CA Mail: 5190 SHORE DR*CARLSBAD CA 1,180 92008 92008 08/06/1980 68 Parcel: 210-062-11-00 Privacy: Owner: MIJUSKOVIC, BEN & RUTH SINGLE FAMILY RESIDENCE R2 2001 1 Site: 5185 CARLSBAD BLVD*CARLSBAD CA 92008 Mail: 428 CARNATION AVE B*C0R0NA DEL MAR CA 92625 4,388 $78,000 02/05/1980 69 Parcel: 210-062-12-00 Privacy: Owner: MACMANUS, PAUL c & JILL G MULTI-FAMILY DWELLING (2-4 R2 1954 3 Site: 5171 CARLSBAD BLVD*CARLSBAD CA Mail: 5171 CARLSBAD BLVD*CARLSBAD CA 2,845 92008 92008 06/14/2004 70 Parcel: 210-063-01-00 Privacy: Owner: WARNER, ROBERT A & SUSAN E TR SINGLE FAMILY RESIDENCE Rl 1953 1 Site: 517 0 Mail: 1420 1,046 CARLSBAD BLVD*CARLSBAD CA SLEEPING INDIAN RD*OCEANSIDE CA 92008 92057 11/03/1983 71 Parcel: 210-063-02-00 Privacy:*?* Owner: CARIS-HART, CATHERINE A REVOC 200 SINGLE FAMILY RESIDENCE Rl 1968 1 Site: 518 4 CARLSBAD BLVD*CARLSBAD Mail: PO BOX 13315*SCOTTSDALE AZ 2,864 $500,OOOF CA 92008 85267 10/20/2000 72 Parcel: 210-063-20-00 Privacy:*?* Owner: DOE HNE R, MARGI E SINGLE FAMILY RESIDENCE Rl 1952 1 Site: 5183 Mail: 5183 1, 605 LOS ROBLES DR*CARLSBAD LOS ROBLES DR*CARLSBAD $142,000 CA CA 92008 92008 10/24/1984 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Fam7S - 3 Une 09 mm 210-01 SHT 1 OF 2 m r=4oo' Pt M n tft in g i <w $ <h i» (ft 9! o 5 1* CARLSBAD STATE BEACH 2* CANNON PARK 3* PAR 4 SBE MAP 141-37-130 4* PAR 4 SBE MAP 1106-37-1 5*760-166-49 6*780-186-57 • SEE DOCS 2001-0789067 A-0789068 FOR DISTANCES AND BE> KINGS MAP 823 - RHO AGUA HEDIONDA ftv,. POR LOT H MM 200 *^feROS 1806,16154.16192,16418,16546,17350, 20809 20 .V / CARSBAO 0 BLVD. QSTATE XI-SO 21 9 • QC " iii K •o o cc o © I © 2 © 3 0 4 1* © 5 210-02 6 IS TIERRA DEL ORO ST. ® 17 16 5 •I 14 v*-^ I Ml *• < I J "I 13 12 II K> ^ ' ?S^AJM_. ^.p 305a - T>ERRA OEU ORO _--E55Sif™-^Sf^S^' ROS 155A0 © 9 •50' • '© 7 3 09 s 3 \.^3/?IS 210-03 i l"» 100' 5/26/99 SM CHANGES BLK OLD NEW YR CUT aj3 use /^tcec. 034 VS€ 9 03/ s /it'3 75 36/6 03/ /2t/3 /•* 76 S/7 03I 415 IS 7B 1364 033 8 91 1418 CANC 033 17 SAME 4E ST OP 00 4645 034 1 SAME 4E ST OP 00 4645 SAN OIEGO COUNTY ASSESSOR'S HAP BR2I0 POOa THG^ MAP WAS PREPARH) m. ASSESSMENT PURPOSES ONLY. NO LIABmTY IS ASSUMH) FOR THE ACCURACY OF THE DATA SHOWH ASSESSOR "S PARCaS MAY NOT COMPLY WITH LOCAL SUBOMSOM OR BulDNG ORDINANCES. MAP 2758 - TERRAMAR UNIT NO.2 MAP 2696 - TERRAMAR UNIT NO. 1 MAP 823 - RHO AGUA HEDIONDA 09 5 I 210-06 1 l"» IOO* ICHANGESI 0€3 r 062 »*» 0C3 9 ^/o sr oP. 93 AUIO> »riu//7 ?^ 452/ SAH DIEGO COUNTY ASSESSOR'S MAP BK 210 PG 06 MAP 27i]8-TERRAMAR UNIT NO 2 MAP 2696-TERRAMAR UNIT NO. 1 MAP 8ci3-RHO AGUA HEDIONDA - POR LOT H I HEREBY CERTIFY "WAT im PRC^^ERTY 0WIER8 UST ANO LABELS SUSiyHTTeD TO THE CITY OF OARLSBAD ON THIS OATE REPRE^NT THE UTE6T AVAJLA8LE INFORMATION FROM THE EQUAU2SD ASSESSOR'S ROUES, p/^r d/ylS i^jdij,^ APPiiCATiON mm NU^»ER •NTATtve REOeVEOSY DATE: 3-4" 7M\*\ 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: 210-020-08 100 FT. DATED 12/31/2013 RONALD-eOGSWELL^flTLE PRO SYSTEMS CURRENT RESIDENT 5032 TIERRA DEL ORO CARLSBAD, CA 92008-4350 CURRENT RESIDENT 5036 TIERRA DEL ORO CARLSBAD, CA 92008-4350 CURRENT RESIDENT 504 0 TIERRA DEL ORO CARLSBAD, CA 92008-4350 CURRENT RESIDENT 5039 TIERRA DEL ORO CARLSBAD, CA 92008-4351 CURRENT RESIDENT 5035 TIERRA DEL ORO CARLSBAD, CA 92008-4351 CURRENT RESIDENT 5031 TIERRA DEL ORO CARLSBAD, CA 92008-4351 CURRENT RESIDENT 5021 SHORE DR CARLSBAD, CA 92008-4345 CURRENT RESIDENT 5031 SHORE DR CARLSBAD, CA 92008-4345 CURRENT RESIDENT 5051 SHORE DR CARLSBAD, CA 92008-4345 CURRENT RESIDENT 5067 SHORE DR CARLSBAD, CA 92008-4345 CURRENT RESIDENT 5061 SHORE DR CARLSBAD, CA 92008-4345 *** 11 Printed *** 210-02 PACJfJ.C i^v)«oro«^;"^,ocM^e^ ttMj«lco!Sl!e^ 3053 - TIERRA OeU 0^0 09 5 3 210-03 1 e l"» IOO' 5/26/99 SM CHANGES BLK OLD NEW YR CUT aj3 erst /vtcec /* A/e XT 034 USS 9 03/ s /it 13 7S 36/6 03/ /2t/3 /•4 76 S/7 031 415 f5 79 1384 033 8 91 1418 CANC 033 17 SAME fe ST OP 00 4645 034 1 SAME fe ST OP 00 4645 SAN OIEGO COUNTY ASSESSOR'S MAP BK2I0 P603 THIS MAP WAS PREPARED TOR ASSESSMENT PURPOSES ONLY. NO LIABLITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCaS MAY NOT COMPLY WITH LOCAL SUBDIVISON OR ButDNG ORDNANCES MAP 2758 - TERRAMAR UNIT NO.2 MAP 2696 - TERRAMAR UNIT NO. 1 MAP 823 - RHO AGUA HEDIONDA state of California—Natural Resources Agency CALIFORN-JA DEPARTMENT OF FISH AND WILDLIFE 20*15 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# SD2015 0536 STATE CLEARING HOUSE #f/f3pp(icaWe) LEADAGENCY CITY OF CARLSBAD PLANNING DIVISION DATE 06/17/2015 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUMEm"NUMBER *20150536* PROJECTTTTLE CDP 15-13 - TIERRA DEL ORO RESIDENCE PROJECTAPPLICANTNAME CARSON NOLAN, ISLAND ARCHITECTS PHONENUMBER 858-459-9291 PROJECTAPPLICANT ADDRESS 7626 HERSCHEL AVENUE CITY LA JOLLA STATE CA ZIPCODE 92037 PROJECT APPLICANT (Check appropriate box): Q Local Public Agency Q School District • Other Special District • State Agency ISI Private Entity CHECK APPLICABLE FEES: • Environmental Impact Reporl (EIR) $3,069.75 $ • Negative Declaration (ND)(MND) $2,210.00 $ • Application Fee Water Diversion (Sfafe Water Resources Control Board Only) • Projects Subject to Certified Regulatory Programs (CRP) 2] County Administrative Fee Q Project that is exempt from fees 13 Notice of Exemption • CDFW No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit 21 Check • Other CHK 127658 $850.00 $1,043.75 $50.00 $50.00 TOTALRECEIVED $ $50.00 SIGNATURE /jrnkr Siemens TTTLE Deputy City of Carlsbad JUL 2 3 2015 Planning Division ORIGINAL- PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.6a (Rev 11/12) NOTICE OF EXEMPTION S 8 t 1 1 To: SDCountyClerk From: CITYOFCARLSBAD JUN 1 7 2015 Attn: James Scott Planning Division . , Q^p//p^< 1600 Pacific Highway, Suite 260 1635 Faraday AvenuCY /fTJI^^I^ JJtVt/lJ PO Box 121750 Carlsbad, CA 92008 DEPUTY San Diego, CA 92101 (760) 602-4600 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 15-13 - TIERRA DEL ORO RESIDENCE Project Location - Specific: 5039 Tierra Del Oro Street Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Minor Coastal Development Permit (CDP 15-13) for the construction of a 537 square foot second-dwelling unit (SDU) attached to the main dwelling. Parking for the SDU will be provided by a single parking space located within the front yard. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Carson Nolan, Island Architects Name of Applicant: Carson Nolan, Island Architects Applicant's Address: 7626 Herschel Avenjue,-La Jolla, CA 92037 Applicant's Telephone Numtfen (858) 459-9291 ^^^^^ Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: Class 3, Section 15303(a) (New Construction or Conversion of Small Structures) • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: CEQA Section 15303(a) - New Construction or Conversion of Small Structures is a Class 3 exemption that includes construction of a second dwelling unit (SDU) in a residential zone. The project includes construction of a 537 square foot SDU attached to the main residence located on property in a residential zone (R-l). Lead Agency Contact Person: Jason Goff Telephone: (760) 602-4643 DON NEU, City Planner Date Date received for filing at OPR: Revised 05/13 FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on ^ ^ ^"^^ Posted JtiN 1 7 2015 Removed )y| -j] 9fji!^ Retumed to agency on iiii 1 / 2015 My Ernest J. Dronenburg, Jr. COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 SanDiego, CA92101-2480 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 * SanDiego, CA92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 343260120150617 Deputy: ASTEVENS Location: COUNTY ADMINISTRATION BUILDING 17-Jun-2015 12:54 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref» 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 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): 1 M"" General Information 1. Name of project: 2. Name of developer or project sponsor: Address: City, State, Zip Code: Phone Number: Name of person to be contacted concerning this project: Address: son lo ue uoiiiauieu uuiiuerniiiy ui City, State, Zip Code: Phone Number: 4. Address of Project: Assessor's Parcel Number: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: \^lh , 6. Existinq General Plan Land Use Designation: IT^^tlll ^Mllt^, ^ ll/l/^. ^^^S^^^^K, 7. Existing zoning district: '\' \ ' 8. Existing land use(s): 9. Proposed use of site (Project for which this form is filed): Project Description 10. Site size: 11. Proposed Building square footage: 12: Number of floors of construction: ^ 13. Amount of off-street parking provided: 14. Associated projects: P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: 4-1- 4Z^<J=^/'] e, whether neighborhood, city or regionally oriented. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading faciiities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: p-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or O roads. 22. Change in pattern, scale or character of general area of project. • 23. Significant amounts of solid waste or litter. • 24. Change in dust, ash, smoke, fumes or odors in vicinity. • ^ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • ^ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. • |^ 27. Site on filled land or on slope of 10 percent or more. ^ • 28. Use of disposal of potentially hazardous materials, such as toxic substances, • E' flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). Q ]^ 31. Relationship to a larger project or series of projects. • ^ Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I / Date: Signature: For: p-1 (D) Page 4 of 4 Revised 07/10 Environmental Information Form P-l(D) 2/25/14 Environmental Setting (please refer to the soils report for detailed information) 32. The site is located on the west side of the cul-de-sac at the south end of Tierra Del Oro. The improvements on the site extend from the top ofthe street and slopes down to the top ofthe westerly descending rip rap along the beach. There are 2 existing structures on the site - a single family residence and a single story garage w/guest house. The garage structure sits at the street level. Access to the garage is provided by a concrete driveway at the southeast corner ofthe property line. There is a secondary driveway that descends to the west along the north property line. The single family residence sits west ofthe garage. It is two stories high and the main level sits about 5 ft below street level. The main living area is above the lower level space. The lower level opens to the rear yard and beach access. The site is heavily paved with concrete. There is a paver patio between the two structures, concrete driveway, concrete walkways, stairs & patios, as well as a concrete ramp extending from the street down to the beach along the north property line (as stated above), the courtyard / patio planters are maintained with low shrubbery and groundcover vegetation. The western portion of the lot, in the bluff area, is heavily vegetated with a relatively thick growth of iceplant. 33. The surrounding properties on the north & south are also single family residential properties with similar westerly descending sloped sites. The property to the north is a single structure that contains a garage (unknown how many stories). There is a pool against the south property line in the rear of the property west of the residence. To the east is the termination ofthe cul-de-sac, bordered by a residence on Shore Dr. This property has a single family residence structure. It is heavily vegetated along the north property line shared with 5039 Tierra Del Oro. # f CnTOF CARLSBAD PUNNING DIVISIC7N REQUEST FOR CONDITIONS DATE: FEBRUARY 12. 2015 FINAL REVISED PLANS INCLUDED • TO: I2SI LAND DEVELOPMENT ENGINEERING- S. BOBBETT • POLICE DEPARTMENT-J. SASWAY FIRE DEPARTMENT - GREG RYAN • BUILDING DEPARTMENT-WILL FOSS LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION REQUEST FOR CONDITIONS ON PROJECT NO(S): CDP 14-05 PROJECT TITLE: TIERRA DEL ORO RESIDENCE APPLICANT: ISLAND ARCHITECTS PROPOSAL: SFR REMODEL & ADDITION Please review and submit written conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 3/5/15. If you have "No Conditions", please so state. Please note that time Is of the essence, as the staff report preparation has begun. If you have any questions, please contact Jason Goff. at 602-4643. THANKYOU f /? M , , COMMENTS: f^^S^ [.a^t^ ^ (j0ru^4^^-^ ignattir Signature Date c: File Request for Conditions 4/14 February 18, 2015 TO: Jason GofF, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Cecelia Fernandez, Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - B"^** Review Tierra Del Oro Residence, CDP 14-05, NCP 14-05 Tierra Del Oro MELA file: 541 - Tierra Del Oro Residence - Con3 Landscape Architect: TCLA Studio, Phone: (949) 248-5404 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. REPEAT COMMENTS 1. Please show and label the SDG&E easement on all plan sheets. 2*^ Review: Please show and label all easements on the plans. Relocate proposed trees outside of the easements unless otherwise approved by the utility purveyor (provide documentation of approvals). 3'^'^ Review: Please relocate the Citrus tree currently located at the southeast corner of the house outside of the 8' wide sewer easement. 2-5 Completed. 6 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and water use plan) for the next submittaL Please provide a written response to all comments clearly indicating where and how each comment was addressed. lA. Completed. CITY OF ^CARLSBAD Memorandum REVISED REVISED December 15, 2014 To: Jason Goff, Project Planner From: Steve Bobbett, Project Engineer Subject: CDP 14-05 TIERRA DEL ORO 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 grading permit or building permit, whichever occurs first 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 forthe 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. 15. If this project is found to be subject to 'Priority Development Project' requirements. 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.Rov Page 1 of 15 developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance 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 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 27. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 32. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, which may affect the design of this project. Prior to construction. Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 33. 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 ofthe above requirements. 36. 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 ofthe city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 37. If this project is found to be subject to 'Priority Development Project' requirements, developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm Page 2 of 15 water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 38. Developer acknowledges hydromodification (runoff reduction) requirements impact how project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with or exemption from hydromodification storm water requirements to the satisfaction ofthe city engineer. 39. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Developer shall submit an elevation certificate and all necessary supporting documentation to the satisfaction ofthe city engineer. Utilities 61. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project Page 3 of 15 i CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CDP 14-05 BUILDING ADDRESS: 5039 TIERRA DEL ORO PROJECT DESCRIPTION: REMODEL AND ADDITION TO EXISTING SFD. ASSESSOR'S PARCEL NUMBER: FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approvffli. The approval Is based on plans, information and/dr spedfic^ns provided in your submittal; therefore^ any changes to these items after this date, including field modificattons, 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: 12.10.2014 DENIAL Please see the attached report of deficiencies marked with S. IVIake necessary corrections to plans or specifications for compliance w/ith applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS COMMENTS: FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 See reverse. REVIEW CHECKLIST FIRE SPRINKLERS ^ STI 2'^''" 3RDI • • • 1. An automatic fire sprinkler system is required for this project: • • 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. • • 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS • • 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. November 24, 2014 TO: Jason GofF, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Cecelia Fernandez, Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 2"'' Review Tierra Del Oro Residence, CDP 14-05, NCP 14-05 Tierra Del Oro MELA file: 541 - Tierra Del Oro Residence - Con2 Landscape Architect: TCLA Studio, Phone: (949) 248-5404 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1. Please show and label the SDG&E easement on all plan sheets. 2""^ Review: Plea.se show and label all easements on the plans. Relocate proposed trees outside ofthe easements unless otherwise approved by the utility purveyor (provide documentation of approvals). 2-5 Completed. 6 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed. NEW COMMENTS 1 A. The surface area of a water feature, including swimming pools, shall be included in a high water use hydrozone. Please include the fountain in the water use calculations. ^ CITY OF ^CARLSBAD Memorandum September 2, 2014 To: Jason Goff, Planner From: Steve Bobbett, Associate Engineer Re: CDP 14-05 TIERRA DEL ORO RESIDENCE Land Development Engineering has completed the second review ofthe above-referenced project for the application's completeness and for engineering issues of concern. The application and plans as submitted are complete as submitted. Land Development Engineering has no comments or issues regarding this application. Please advise when an anticipated hearing date is set. If you or the applicant has any questions regarding the above, please contact Steve Bobbett at extension 2747. cc: File Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov August 12, 2014 TO: Jason Goff, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - Review Tierra Del Oro Residence, CDP 14-05, NCP 14-05 Tierra Del Oro MELA file: 541 - Tierra Del Oro Residence - Conl Landscape Architect: TCLA Studio, Phone: (949) 248-5404 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. 1. Please show and label the SDG&E easement on all plan sheets. 2. Please provide the full street name on all plan sheets. 3. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view of the project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners" association (HOA), City, etc). If all areas shown on the plans are to be maintained by the private property owner, a note indicating so will meet this requirement (i.e. All landscaped areas shovm on the plans are to be maintained by the private property owner). 4. Please identify this symbol. 5. Please add the following notes to the plans and insure all requirements are met: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover Tierra Del Oro Residence August 12, 2014 Conceptual Plan Review Page 2 One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes -6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 6. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed. CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CDP 14-05 BUILDING ADDRESS: 5039 TIERRA DEL ORO PROJECT DESCRIPTION: REMODEL AND ADDITION TO EXISTING SFD. ASSESSOR'S PARCEL NUMBER: FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: Date: DENIAL Please see the attached report of deficiencies marked with S. IVIake 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: G. Ryan By: By: Date: 04.30.2014 Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: COMMENTS: See reverse. ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 REVIEW CHECKLIST FIRE SPRINKLERS j STH 2^^^™ 3RDI • • • 1. An automatic fire sprinkler system is required for this project: • This project does not provide clear foot path to access all side of occupied space. • The center or the furthest most wall or projection of the dwelling exceeds 150 feet from the "Center-line" of the nearest fire department access. This distance is measured along a path that simulates the route a firefighter may take to access all portions of the exterior of a stmcture from the nearest public road or fire access mad. a This project exceeds or expands the aggregate floor area of five-thousand (5,000) square feet. Mezzanines, Basements and Garages shall be included in the aggregate square footage calculation. Detached buildings such as cabanas, pool houses, 'granny flats' and the like shall be included in the total square footage if they meet any ofthe above conditions. • • • 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. • • • 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS • • • 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. <#<5^> CITY OF ^CARLSBAD Memorandum Revised March 25, 2014 To: Jason Goff, Planner From: Steve Bobbett, Associate Engineer Re: CDP 14-05 TIERRA DEL ORO RESIDENCE Land Development Engineering has completed the first review ofthe above-referenced project for the application's completeness and for engineering issues of concern. The application and plans as submitted are complete as submitted. The plans and reports submitted have been reviewed for conformance with the topographical and geotechnical design standards of sections the 21.203.040 and 21.204.110 ofthe municipal code relating to the Coastal Resource Protection Overlay Zone and the Coastal Shoreline Development Overlay Zone respectively. The location indicated as the bluff edge in the project soils report is not in conformance with the definition of a buff edge. Please revise the location of the indicated bluff edge to be in conformance with the definition and show the bluff edge in the appropriate geotechnical documents (geologic map and cross sections) and on the project's site plan. If you or the applicant has any questions regarding the above, please contact Jason Geldert, P.E. at extension 2758. cc: File 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 Police Department www.carlsbadca.gov Date: March 19, 2014 To: Planning Tracking Desk- Planning Department From: Jodee Sasway, Police Subject: Tierra del Oro Residence CDP 14-05 Plan Review Recommendations The City of Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model international standards. Crime Prevention through Environmental Design The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance • Place and design physical features to maximize visibility. This will include building orientation, windows, entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction. • Design the placement of persons and or activities to maximize surveillance possibilities. • Design lighting that provides for appropriate nighttime illumination of walkways, entrances and driveways. Natural Access Control • Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances. • Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from dark and or unmonitored areas. Provisions for territorial reinforcement • Use pavement treatments, landscaping and fences to define and outline ownership or property. Lighting Equip building on all sides with light fixtures. All types of exterior doors should be illuminated during the hours of darkness. Install lights on the building in the eaves to illuminate the perimeter ofthe house. Choose light fixtures with dawn to dusk sensors or timers not motion sensors. 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 © Landscaping Plan a landscaping design that enhances surveillance and security. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies. Ensure landscaping plan does not deter from lighting and addressing. Plant only low profile shrubs that can be maintained below two (2) feet. Use security plants where necessary to prevent entering and tampering. Install walls and fences that are see-through and enhance surveillance. Install lockable gates that allow surveillance. Addressing • Locate numerals where they are clearly visible from the front street • Contrast the numeral's color to the background on which it is affixed. • Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness. Entrances • Design front entrances to provide vision from the front door to the front access street. • Keep entranceways clear of clutter. Doors • Do not use of glass within 42 inches of a locking device. • A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection exceeding one inch or a hook-shaped or expanding deadbolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five-pin tumblers and a cylinder guard. • Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4) inches. • Provide a double door inactive leaf with metal flush bolts having a minimum embedment of five-eighths (5/8) ofan inch into the header and footer ofthe doorframe. strike Plates • Reinforce all deadbolt strike plates. Choose Strike plates constructed of a minimum 16 U.S. gauge steel, bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least two (2) inches into the solid backing beyond the surface to which the strike is attached. Re-enforcement ofthe door area around the lock is also suggested. Viewer • Arrange entrance doors so that the occupant has a view of the area immediately outside the door without opening the door. Except doors requiring a fire protection rating that prohibits them, such a view may be provided by a door viewer having a field of view of not less than 190 degrees. Mounting height should not exceed fifty-four (54) inches from the floor. Windows and sliding glass doors • All exterior sliding glass doors and windows should be equipped with locking devices which will keep the sliding panel ofthe door or window from being opened from the outside horizontally or vertically. • Ensure windows have security features preventing the window from being forced to slide or rise. • Consider security glazing. • This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security, please contact the Crime Prevention Unit at (760) 931-2105. By Jodee Sasway, Community Relations Manager Crime Prevention and Public Information City of Carlsbad Police Department 760- 931-2195 or iodee.saswavg)carlsbadca.gov CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 26. 2014 PROJECT NO(S): CDP 14-05 REVIEW NO: 1 PROJECTTITLE: TIERRA DEL ORO RESIDENCE APPLICANT: ISLAND ARCHITECTS/MICHELLE MEADE TO: Land Development Engineering • Public Works (Storm Drain) - Clayton Dobbs Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders IEI Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) • SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 FaradayAvenue, bv 3/19/14. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 02/14 January 14, 2016 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: NOTICE OF RESTRICTION-CDP 15-13 TIERRA DEL ORO RESIDENCE Dear Mr, Nolan: Please find the enclosed document that needs to be signed, notarized, and returned for recordation. This is to fulfill condition of approval no. 11 of CDP 15-13-TIERRA DEL ORO RESIDENCE. Please ensure the followi.ng items are addressed prior to returning to the city: ./ 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 (Effective January 1, 2015, California Civil Code sections 1189 and 1195 and California Government Code section 8202 requires a specific notice to be included at the top of every acknowledgment, proof of execution of an instrument, and affidavit sworn to before a notary public within California) . ./ 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 . ./ Please do not fold documents . ./ Return original signed and notarized documents. It is our goal to assist you in getting the document 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. Sincerely, c:!!:::FJJif- Associate Planner c: Michele Masterson, CED Senior Management Analyst File Copt. Community & t:conomic Development Planning Division j1635 Faraday Avenue Carlsbad, CA 92008-7314j760-602-4600 !760-602-8560 f I www.carlsbadca.gov STATE OF CALIFORNIA - NATURAL RESOURCHUGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION San Diego Coast District Office 7575 Metropolitan Drive, Suite 103 San Diego, California 92108^02 CM\I Of CarlsbaU (619) 767-2370 FAX (619) 767-2384 Wll-Jf Vfi wv.i ^ JUN 3 0 2015 Date: June 26, 2015 Planning Division IMPORTANT PUBLIC HEARING NOTICE NEW APPEAL APPEAL NUMBER: A-6-CII-15-0039 LOCAL GOVT PERMIT NUMBER: ] 4-05 APPLICANTCS^: Carson Nolan (Island Architects) APPELLANTCS^: Commissioner Dayna Bochco Commissioner Jana Zimmer DECISION BEING APPEALED: AoDroval with Special Conditions PROJECT LOCATION: 5039 Tierra Del Oro, Carlsbad, San Diego County APN: 210-020-08 HEARING DATE AND LOCATION: DATE Thursday, July 9, 2015 TIME Meeting Begins at 9:00 a.m. PLACE Citv of Ventura Council Chambers 501 Poli Street. Ventura. CA 93002-0099 PHONE (415)407-3211 ITEM NO: Thi 5.5a HEARING PROCEDURES: New appeals undergo a two-step process before the Commission, known as the 'substantial issue' phase, and 'de novo' phase. At the 'substantial issue' phase, section 30625(b) of the Coastal Act requires the Commission to hear an appeal unless the Commission determines that no substantial issue is raised by the appeal. If at least three Commissioners request to take public testimony at the substantial issue phase of the appeal prior to determining whether or not to hear an appeal, the only persons qualified to testify orally before the Commission are the applicants, persons who opposed the application before the local govemment (or their representatives), and the local govemment. Testimony from other persons must be submitted in writing. Unless a majority of the Commissioners present finds that the appeal raises no substantial issue, the Commission will proceed to the de novo stage of the appeal hearing. The de novo stage of the appeal hearing may occur at the same Commission meeting, immediately following the 'substantial issue' phase, or be continued to a later Commission meeting. Please contact the appropriate staff person and/or see the staff report, which will indicate whether Commission staff is recommending that the de novo hearing occur at this Commission meeting or a later one. Anyone may testify on the merits of the proposal during the de novo phase. People wishing to testify on this matter may appear at the hearing or may present their concems by letter to the Commission on or before the hearing date. Page: 2 Date: June 26, 2015 IMPORTANT PUBLIC HEARING NOTICE NEW APPEAL If the Commission finds that the appeal does not raise a substantial issue, then the local government's action on the coastal development permit is final, and there will be no 'de novo' phase of the appeal hearing. The Coastal Commission is not equipped to receive comments on any official business by electronic mail. Any information relating to official business should be sent to the appropriate Commission office using U.S. Mail or courier service. AVAILABILITY OF STAFF REPORT: A copy of the staff report on this matter will be available no later than 10 days before the hearing on the Coastal Commission's website at http://www.coastal.ca.gov/mtgcurr.html. Altematively, you may request a paper copy of the report from Rick Casswell, Coastal Program Analyst, at the San Diego Coast District Office. SUBMISSION OF WRITTEN MATERIALS: If you wish to submit written materials for review by the Commission, please observe the following suggestions: We request that you submit your materials to the Commission staff the week before the scheduled Commission meeting (staff will then distribute your materials to the Commission). Mark the agenda number of your item, the application number, your name and your position of support or opposition to the project on the upper right hand comer of the first page of your submission. If you do not know the agenda number, contact the Commission staff person listed on page 2. If you wish, you may obtain a current list of Commissioners' names and addresses from any of the Commission's offices and mail the materials directly to the Commissioners. If you wish to submit materials directly to Commissioners, we request that you mail the materials so that the Commissioners receive the materials no later than Thursday of the week before the Commission meeting. Please mail the same materials to all Commissioners, altemates for Commissioners, and the three non-voting members on the Commission with a copy to the Commission staff person listed on page 2. You are requested to summarize the reasons for your position in no more than two or three pages, if possible. You may attach as many exhibits as you feel are necessary. Please note: While you are not prohibited from doing so, you are discouraged from submitting written materials to the Commission on the day of the hearing, unless they are visual aids, as it is more difficult for the Commission to carefully consider late materials. The Commission requests that if you submit written copies of comments to the Commission on the day of the hearing, that you provide 20 copies. ALLOTTED TIME FOR TESTIMONY: Oral testimony at the substantial issue stage is limited to 3 minutes combined total per side to address the question of substantial issue. Oral testimony at the de novo stage may be limited to 5 minutes or less for each speaker depending on the number of persons wishing to be heard. ADDITIONAL PROCEDURES: No one can predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each meeting session at the time listed and considers each item in order, except in extraordinary circumstances. Staff at the appropriate Commission office can give you more information prior to the hearing date. Questions regarding the report or the hearing should be directed to Rick Casswell, Coastal Program Analyst, at the San Diego Coast District Office (see contact information provided in the letterhead on page 1). STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY EDMUND G.BROWN. JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 Thl5.5a Filed: 49th Day: Staff: Staff Report: Hearing Date: 6/17/2015 8/7/2015 R. Casswell-SD 6/25/2015 7/9/2015 STAFF REPORT AND RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE DETERMINATION Local Government: Decision: Appeal Number: Applicant: Location: Project Description: Appellants: Staff Recommendation: CityofCarlsbad Approved with Conditions A-6-CIH5-0039 Carson Nolan (Island Architects) 5039 Tierra Del Oro, Carlsbad, San Diego County (APN No. 210-020-08) Demolition of existing 3,056 square foot single-story single-family residence with basement, partial demolition of existing detached 528 square foot two-car garage with 432 square foot guest house; construction of a new two- story 8,845 square foot single-family residence with basement and new pool and deck. Commissioner Dayna Bochco, Commissioner Jana Zimmer Substantial Issue IMPORTANT HEARING PROCEDURE NOTE The Commission will not take testimony on this "substantial issue" recommendation unless at least three commissioners request it. The Commission may ask questions of the applicant, any aggrieved person, the Attomey General or the executive director prior to determining whether or not to take testimony regarding whether the appeal raises a substantial issue. If the Commission takes testimony regarding whether the appeal raises a substantial issue, testimony is generally and at the discretion of the Chair limited to 3 minutes total per side. Only the applicant, persons who opposed the application before the local govemment (or their representatives), and the local govemment shall be qualified to testify during this phase of the hearing. Others may submit comments in writing. If the Commission finds that the appeal raises a substantial issue, the de novo phase of the hearing will occur at a ftiture Commission meeting, during which it will take public testimony. A-6-CII-15-0039 (Nolan) SUIMMARY OF STAFF RECOMMENDATION Staff recommends that the Commission, after public hearing, determine that a substantial issue exists with respect to the grounds on which the appeal has been filed. The proposed project involves demolition of an existing 3,056 square foot, one-story single-family residence with basement, along with partial demolition of an existing detached 528 square foot two-car garage, with attached 432 square foot guest house, and the construction of a new two-story 8,845 square foot single-family residence with basement and a new pool (with pool deck) on a 26,600 square foot blufftop property. The project site is a coastal blufftop lot located on the west side of Tierra Del Oro, just south of Cannon Road. The existing residence was built in 1959, with private stair access extending across the bluff face and to the beach, and a rip rap revetment along the rear property line established prior to the Coastal Act. The neighborhood is planned for residential development within the Mello II Segment of the City's certified Land Use Plan (LUP), and the subject property has a land use designation of Residential Low-Medium Density/Open Space (RLM/OS). The OS designation applies to the bluff and beach portions of the property. The subject site is also located within, and subject to, the Coastal Resource Protection Overlay zone and the Coastal Shoreline Development Overlay Zone of the Carlsbad Municipal Code (i.e. the City's Implementation Plan, "IP"). The City found that the subject single-family residence is consistent with the public access, public recreation, blufftop, and shoreline development provisions of the certified Local Coastal Program (LCP). However, the development, as approved by the City, raises several LCP consistency issues with regard to stringline setbacks, geologic stability analysis, bluff edge determination, and previously unpermitted development. The City's certified LCP prohibits new development from extending fiirther seaward than a "stringline" drawn between adjacent developments. This stringline rule not only applies to habitable (enclosed) development, but also applies to decks or other appurtenances, which shall not be permitted further seaward than those allowed by a line drawn between those appurtenances on the adjacent stmctures to the north and south. Although the proposed single-family residence would comply with the enclosed (habitable) development stringline requirement; the City did not apply the deck/unenclosed accessory structure stringline to the proposed pool, deck and patio. This would result in the seaward encroachment of the aforementioned development by approximately 7-30 feet beyond the allowable stringline. The certified Carlsbad Mello II LCP Segment contains policies that address when reliance on shoreline protective devices can be considered. These policies establish that shoreline armoring shall only be allowed to protect existing development, coastal- dependent uses, or public beaches in danger of erosion. The Geotechnical Report for the proposed project identified that, with an applied erosion rate over 75 years, the subject site could only accommodate the proposed new development with reliance upon the existing rip rap revetment fronting the subject site as a shoreline protection measure. The Geotechnical Report failed to evaluate whether or not the proposed new development 2 A-6-CII-15-0039 (Nolan) would be safe without reliance on shoreline armoring. This is especially relevant given the future potential for sea level rise, and provides for greater flexibility regarding adaptive measures that may be necessary related to fiiture shoreline management strategies. Bluff preservation policies within the City's LCP establish that no development shall be permitted on the face of any ocean bluff, with the exception of accessways to provide public beach access and for limited public recreation facilities. The Geotechnical Report conducted for the subject site delineated the bluff edge for the property at a lower elevation, and further seaward, than several other bluff edge determinations conducted for the previous redevelopment of properties located in close proximity to the subject site, and along the same coastal headland. The Geotechnical Report identified the bluff edge as following a line extending downslope along an existing concrete walkway and retaining wall that traverse the bluff. This identification resulted in a bluff edge determination descending to an elevation approximately 10 feet lower than previous bluff edge determinations conducted for similar properties located atop the same bluff. While the City did not directly rely on the bluff edge determination to identify appropriate setback and siting for the proposed development, the identified bluff edge could allow for future encroachment by other development along the bluff face that could be inconsistent with the certified LCP. Because of the above-described inconsistencies with the LCP and the Coastal Act, staff recommends that the Commission determine that the project raises a substantial issue regarding conformance with the certified LCP and the Chapter 3 policies of the Coastal Act. The standard of review is consistency with the certified City of Carlsbad Local Coastal Program, Mello II segment and, because the site is between the sea and the first public road, the public access and recreation policies of the Coastal Act. A-6-CII-15-0039 (Nolan) TABLE OF CONTENTS L APPELLANTS CONTENTION 5 II. LOCAL GOVERNMENT ACTION 5 m. APPEAL PROCEDURES 5 IV. SUBSTANTIAL ISSUE MOTION AND RESOLUTION 7 V. SUBSTANTIAL ISSUE FINDINGS AND DECLARATION .8 A. PROJECT DESCRIPTION 8 B. OCEAN SETBACK ("STRINGLINE") 8 C. GEOLOGIC ANALYSIS 9 D. DELINEATION OF COASTAL BLUFF EDGE 10 E. SUBSTANTIAL ISSUE FACTORS 11 APPENDICES Appendix A - Substantive File Documents EXHIBITS Exhibit 1 - Location Map Exhibit 2 - Aerial Map Exhibit 3 - Site Plan Exhibit 4 - Cross-Sections Exhibit 5 - Stringline Exhibit 6 - Resolution Exhibit 7 - Appeal Forms A-6-CII-15-0039 (Nolan) I. APPELLANTS CONTENTION The project as approved by the City does not conform to the City of Carlsbad's certified Local Coastal Program (LCP), with regard to ocean setback ("stringline"), geologic analysis, delineation of coastal bluff edge, and unpermitted development. Most prominent are concems related to shoreline development setback, bluff edge determination, and the reliance of new development on shoreline protective devices. An additional concem is the permit history for the stairway located within the riprap for private access to the ocean. The appellants contend that the development, as approved by the City, allows for encroachment of the proposed pool, pool deck, and terrace further westward than the Commission's historic interpretation of the City's stringline provisions. The appellants identify that the information contained within the Geotechnical Report does not include any analysis regarding the stability of the proposed residence without reliance on existing or luture shoreline protection. The appellants also contend that the bluff edge was sited incorrectly in the Geotechnical Report; which could allow for future development on the face of the bluff, beyond that permissible by the City of Carlsbad's LCP. Finally, the appellants also raise concems that unpermitted development consisting of a private beach access stairway has not been addressed by the City in the review of the proposed project. II. LOCAL GOVERNMENT ACTION The project was approved with conditions by the City of Carlsbad Planning Commission on May 20, 2015. The conditions of approval found within the City's approval resolution associated with the Coastal Development Permit (CDP) included: compliance with the City's latest storm water regulations, the requirement to obtain a grading permit from the City, and the dedication of a lateral public access easement with a minimum of 25 feet of dry sandy beach at all times of the year to the Califomia Coastal Commission or its designee. HI. APPEAL PROCEDURES After certification of a Local Coastal Program (LCP), the Coastal Act provides for limited appeals to the Coastal Commission of certain local govemment actions on coastal development permits. Section 30603(b)(1) ofthe Coastal Act states: The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division. A-6-CII-15-0039 (Nolan) Coastal Act Section 30625(b) states that the Commission shall hear an appeal unless it determines: With respect to appeals to the commission after certification of a local coastal program that no substantial issue exists with respect to the grounds on which an appeal has been fled pursuant to Section 30603. If the staff recommends "substantial issue" and no Commissioner objects, the Commission will proceed directly to the de novo portion of the hearing on the merits of the project, then, or at a later date. If the staff recommends "no substantial issue" or the Commission decides to hear arguments and vote on the substantial issue question, those allowed to testify at the hearing will have 3 minutes per side to address whether the appeal raises a substantial issue. It takes a majority of Commissioners present to find that no substantial issue is raised. If substantial issue is found, the Commission will proceed to a full public hearing on the merits ofthe project then, or at a later date, reviewing the project de novo in accordance with sections 13057-13096 of the Commission's regulations. If the Commission conducts the de novo portion of the hearing on the permit application, the applicable standard of review for the Commission to consider is whether the proposed development is in conformity with the certified Local Coastal Program (LCP). In addition, for projects located between the sea and the first public road paralleling the sea. Section 30604(c) of the Act requires that a finding must be made by the approving agency, whether the local govemment or the Coastal Commission on appeal, that the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. In other words, in regard to public access and recreation questions, the Commission is required to consider not only the certified LCP, but also applicable Chapter 3 policies when reviewing a project on appeal. The only persons qualified to testify before the Commission at the "substantial issue" stage of the appeal process are the applicant, persons who opposed the application before the local govemment (or their representatives), and the local government. Testimony from other persons must be submitted in writing. At the time of the de novo portion of the hearing, any person may testify. The term "substantial issue" is not defined in the Coastal Act or its implementing regulations. The Commission's regulations indicate simply that the Commission will hear an appeal unless it "finds that the appeal raises no significant question as to conformity with the certified local coastal program" or, if applicable, the public access and public recreation policies of Chapter 3 of the Coastal Act (Cal. Code Regs., tit. 14 section 13115(b)). In previous decisions on appeals, the Commission has been guided by the following factors: 1. The degree of factual and legal support for the local govemment's decision that the development is consistent or inconsistent with the certified LCP; 2. The extent and scope of the development as approved or denied by the local govemment; A-6-CII-15-0039 (Nolan) 3. The significance of the coastal resources affected by the decision; 4. The precedential value of the local govemment's decision for future interpretations of its LCP; and 5. Whether the appeal raises only local issues, or those of regional or statewide significance. Even when the Commission chooses not to hear an appeal, appellants nevertheless may obtain judicial review of the local govemment's coastal permit decision by filing a petition for a writ of mandate pursuant to the Code of Civil Procedure, section 1094.5. The City of Carlsbad has a certified Local Coastal Program (LCP), and the subject site is located in an area where the Commission retains appeal jurisdiction because it is located between the first public road and the sea. Therefore, before the Commission considers the appeal de novo, the appeal must establish that a substantial issue exists with respect to the grounds on which an appeal has been filed pursuant to Section 30603. In this case, for the reasons discussed further below, the Commission exercises its discretion to determine that the development approved by the City raises a substantial issue with regard to the appellant's contentions regarding coastal resources. IV. SUBSTANTIAL ISSUE MOTION AND RESOLUTION The staff recommends the Commission adopt the following resolution: MOTION; / move that the Commission determine that Appeal No. A-6-CII-15-0039 raises NO substantial issue with respect to the grounds on which the appeal has been filed under § 30603 of the Coastal Act. STAFF RECOMMENDATION; Staff recommends a NO vote. Failure of this motion will result in a de novo hearing on the application, and adoption of the following resolution and findings. Passage of this motion will result in a finding of No Substantial Issue and the local action will become final and effective. The motion passes only by an affirmative vote of the majority of the appointed Commissioners present. RESOLUTION: The Commission hereby finds that Appeal No. A-6-CII-15-0039 presents a substantial issue with respect to the grounds on which the appeal has been filed under § 30603 of the Coastal Act regarding consistency with the certified Local Coastal Plan and/or the public access and recreation policies of the Coastal Act. 1 A-6-CII-15-0039 (Nolan) V. SUBSTANTIAL ISSUE FINDINGS AND DECLARATION The Commission finds and declares as follows: A. PROJECT DESCRIPTION The proposed project involves demolition of an existing 3,056 square foot, one-story single-family residence with basement, along with partial demolition of an existing detached 528 square foot two-car garage, with attached 432 square foot guest house, and the constmction of a new two-story 8,845 square foot single-family residence with basement and a new pool (with pool deck) on a 26,600 square foot blufftop property. The project site is a coastal blufftop lot located on the west side of Tierra Del Oro, just south of Cannon Road. The existing residence was built in 1959, with private stair access extending across the bluff face and to the beach, and a rip rap revetment along the rear property line, also established prior to the Coastal Act. The proposed development is located in an existing single-family residential neighborhood. Most of the oceanfront residences have decks, patios and other structures which extend seaward ofthe principal residential structure. A number of these residences also have walkways which extend up to the bluff edge. Additionally, several of these oceanfront residences have platforms at the bluff edge and private beach access stairways which extend down the bluff face to the beach. The neighborhood is planned for residential development within the Mello II Segment of the City's certified Land Use Plan (LUP), and the subject property has a land use designation of Residential Low-Medium Density/Open Space (RLM/OS). The OS designation applies to the bluff and beach portions of the property. The subject site is also located within, and subject to, the Coastal Resource Protection Overlay zone and the Coastal Shoreline Development Overlay Zone of the Carlsbad Municipal Code (i.e. the City's Implementation Plan, "IP"). The City found that the subject single-family residence is consistent with the public access, public recreation, blufftop and shoreline development provisions of the certified Local Coastal Program (LCP). B. OCEAN SETBACK ("STRINGLINE") The appellants contend that the project, as approved by the City, is inconsistent with the City of Carlsbad's certified LCP regarding the interpretation of the western boundary of the deck/other appurtenances "stringline". The appellants contend that the deck stringline (which includes the proposed pool, pool deck, and terrace) allows for seaward encroachment on the subject site. The certified LCP prohibits new development along the ocean from extending further seaward than a "stringline" drawn between adjacent developments. Specifically Secfion 21.204.050B ofthe Coastal Shoreline Development Overlay Zone states: 8 A-6-C1I-15-0039 (Nolan) New development fronting the ocean shall observe at a minimum, an ocean setback based on "stringline " method of measurement. No enclosed portions of a structure shall be permitted further seaward than allowed by a line drawn between the adjacent structure to the north and south, no decks or other appurtenances shall be permitted further seaward than those allowed by a line drawn behveen those on the adjacent structure to the north and south. A greater ocean setback may be requiredfor geological reasons and if specified in the Local Coastal Program. The City made the finding that for the proposed swimming pool, deck and patio, no stringline opportunity exists to the south because there is not an existing, detached and permitted deck, or other appurtenance, seaward of the main residence on the lot south of the subject site, and that because the new pool, deck and patio are proposed to be located within an area of existing development (i.e. the existing concrete terrace and previous basement footprint), the stringline method does not apply to the subject proposal. However, the existing development is seaward of the required deck stringline between the northem and southern adjacent properties and, thus creates a visual impact (ref. Exhibit 5). Allowing new development in the same location would perpetuate this impact. The Commission has historically applied the City's stringline provisions to any new development along the shoreline, which has resulted in previous appeals of CDPs within the City of Carlsbad, the most recent being the property located at 5015 Tierra Del Oro (CDP No. A-6-CII-08-028/MOSS) among others (ref CDP Nos. A-6-CII-07-17/Riley; A- 6-CII-03-26/Kiko; 6-90-25/Kunkel; 6-90-299/Rowe; 6-92-107/Phillips; and 6-95- 144/Bownes). In this particular case, the City's interpretation would allow the development to encroach between 7-30 feet seaward of the deck stringline between the northem and southem adjacent properties, which is inconsistent with the Coastal Shoreline Development Overlay Zone. Setbacks provide visual relief from the cluster of private development lining the shoreline of the Tierra Del Oro community, stepping back primary residences and accessory development in a measured, consistent manner while preserving open space and scenic vistas as viewed from the adjacent beach and public access points. Allowing the encroachment of development beyond the required stringline would create a precedent for shifting the pattem of development seaward along this stretch of coastline, and would represent a significant change in the community character and scenic quality of the area. Thus, the project raises a substantial issue regarding conformity with the LCP. C. GEOLOGIC ANALYSIS The appellants contend that the project, as approved by the City, is inconsistent with the City of Carlsbad's certified LCP regarding shoreline protective devices. The certified Carlsbad Mello II LCP Segment contains policies that address when reliance on shoreline protective devices can be considered. The City's certified Mello II Land Use Plan (LUP) includes the following policies that address shoreline development and protection: A-6-CII-15-0039 (Nolan) Policy 4-1, Subsection I. (Development Along Shoreline) a. For all new development along the shoreline, including additions to existing development, a site-specific geologic investigation and analysis similar to that required by the Coastal Commission's Geologic Stability and Blufftop Guidelines shall be required; for permitted development, this report must demonstrate bluff stability for 75 years, or the expected lifetime of the structure, whichever is greater... Policy 4-1, Subsection III. (Shoreline Structures), which is echoed by Section 21.204.040.B. (Condifional Beach Uses) of the City's IP with the following language: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. These policies have been interpreted by the Commission in previous appeals (including A-6-CII-08-028/MOSS and A-6-CII-03-26/Kiko) to mean that shoreline armoring shall only be allowed to protect existing development, coastal-dependent uses, or public beaches in danger of erosion. In establishing the development setbacks and their adequacy to protect development over the lifespan ofthe improvements, the Geotechnical Report identified that a 1.5 factor of safety delineation for the subject site, with an applied erosion rate over 75 years, could only accommodate the proposed development with reliance upon the existing rip rap revetment fronting the subject site as a shoreline protection measure. The Geotechnical Report failed to evaluate whether or not the proposed new development would be safe without reliance on shoreline armoring. In this case, the proposed project includes demolition of the existing residence and the construction of an entirely new residence that, in accordance with the LCP, should be sited in a location that would not require stability afforded by either existing or future shoreline armoring, and should not assume the existing revetment will remain in perpetuity. This requirement is especially relevant given the future potential for sea level rise, and provides for greater flexibility regarding adaptive measures that may be necessary related to future shoreline management strategies. Thus, the project raises a substantial issue regarding conformity with the LCP. D. DELINEATION OF COASTAL BLUFF EDGE The appellants contend that the project, as approved by the City, is inconsistent whh the City of Carlsbad's certified LCP in that the Geotechnical Report's delineation of the bluff edge determination could allow for future encroachment of development along the bluff face. The certified Carlsbad Mello II LUP contains policies that address bluff preservation. Policy 4-1 provides: 10 A-6-CII-15-0039(Nolan) (d) Undevelopable Shoreline Features No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with the exception of accessways to provide public beach access and of limited public recreation facilities. The Geotechnical Report conducted for the subject site delineated the bluff edge for the property at a lower elevation and further seaward than several other bluff edge determinations conducted for the previous redevelopment of properties located in close proximity to the subject site, and along the same coastal headland. The Geotechnical Report identified the bluff edge as following a line extending downslope along an existing concrete walkway and retaining wall that traverse the bluff. This identification resulted in a bluff edge determination at an elevation approximately 10 feet lower than previous bluff edge determinations conducted for similar properties located atop the same bluff. While the City did not directly rely on the bluff edge determination to identify appropriate setback and siting for the proposed development, the bluff edge identified within the Geotechnical Report could allow for future encroachment of development along the bluff face at a lower elevation compared to the surrounding properties, resulting in a seaward shift of development inconsistent with the existing pattern of development. Thus, the project raises a substantial issue regarding conformity with the LCP. E. SUBSTANTIAL ISSUE FACTORS As discussed above, the factors that the Commission often considers when evaluating whether a local govemment's action raise a substantial issue also support a finding of substantial issue. First, there is inadequate factual and legal support for the City's determination that the proposed development is consistent with the certified LCP. In this case, the development, as approved by the City, raises several LCP consistency issues with regard to stringline setbacks, geologic stability analysis, bluff edge determination, and previously unpermitted development. While the extent and scope of development is for a single family residence, the coastal resources affected are significant; in particular, the bluff face and geological stability in the area. The local government's approval sets poor precedent for fiiture interpretations of its LCP because it avoided using the string line to evaluate setback, it miscalculated the bluff edge, and it ignored a potential violation caused by the unpermitted constmction of the new staircase. The objections to the project raised by the appellants identify substantial issues of regional or statewide significance, due to the intensely debated issues of geological stability and sea level rise impacts and how they affect development on bluffs up and down the Califomia coast. Furthermore, the decision fails to adequately address the reliance of new development on existing shoreline protective devices and is inconsistent with recent Commission guidance on this issue, especially as it relates to analysis necessary in the face of anticipated future sea level rise. 11 A-6-CII-15-0039(Nolan) F. NOTE ON UNPERMITTED DEVELOPMENT There is existing unpermitted development whhin the footprint of the existing rip rap revetment along the subject property's rear property line consisting of a private stairway access to the beach. The certified Carlsbad Mello II LUP contains policies that address bluff preservation, including Policy 4-1, which provides: (d) Undevelopable Shoreline Features No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with the exception of accessways to provide public [emphasis added] beach access and of limited public recreation facilities. The existing residence was built in 1959, with private stair access to the beach and a rip rap revetment along the rear property line established prior to the Coastal Act. In 1978 (under permit #F7529) seven properties along Tierra Del Oro (including the subject site), received Coastal Commission approval to repair and upgrade the existing revetment, due to erosional impacts at the time. When the revetment was repaired, the portion of the pre- coastal stairway on the property that was located within the footprint of the revetment was removed. However, at some point between 1989 and 2002 (based on imagery provided by the Califomia Coastal Records Project), a new private stairway was constmcted through the revetment on the subject property to access the beach, without any local or Commission approval. San Diego District staff has an existing violation case on the subject property regarding construction of the stairway. Resolution of such violations are typically addressed at the time of redevelopment, as was the case with the A-6-CII-08-028 (Moss) and A-6-CII-03-26 (Kiko) appeals. However, the City's review of the subject proposal did not address the potential violation of the revetment stairway which accesses the beach, and instead remained silent on the existence of the unpermitted stairway within the revetment. (G:\Reports\Appeals\2015\A-6-CIl-l5-0039 5039 Tierra Del Oro Appeal SI staffreport.docx) 12 A-6-CII-15-0039 (Nolan) APPENDIX A SUBSTANTIVE FILE DOCUMENTS: Appeal by Commissioner Dayna Bochco dated June 16, 2015; Appeal by Commissioner Jana Zimmer dated June 17, 2015; Certified City of Carlsbad Local Coastal Program. 13 5039 Tierra Del Oro EXHIBIT NO. 2 APPLICATION NO. A-6-CI1-15-0039 Nolan Aerial Map Catifornia Coastal Commission OJO lOQ BJjaii 6C09 O —1 o (fi CO CO 2. o o 3 yi o SP m X I H Z P 0) u l( v> 2 O Q B R S A5.1 5039 Tierra Del Oro Applied "Deck Stringline" - CCC Staff Interpretation 1 PLANNiNG COMMISSION RESOLUTION NO. 7101 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE QTV OF 3 CARLSBAD, CALIFORNIA APPROVING A COASTAL DEVELOPMENT PERMIT AND MINOR VARIANCE TO 1) ALLOW FOR THE DEMOLmON OF 4 AN EXISTING 3,056 SQUARE FOOT ONE-STORY SINGLE-FAMILY RESIDENCE WfTH BASEMENT AND A PARTIAL DEMOLITION OF AN EXISHNG DETACHED 528 SQUARE FOOT TWO-CAR GARAGE WITH A 432 SQUARE FOOT GUEST HOUSE; 2) ALLOW FOR THE REMODEL, ^ EXPANSION, AND ATT>W:HM£MT OF THE EXISTING TWO-CAR GARAGE AND GUEST HOUSE TO A NEW TWO-STORY SINGLE-FAMILY RESIDENCE WITH BASEMENT TOTALING 8^45 SQUARE FEET OF LMNG AREA ALONG WITH CONSTRUCTION OF RELATED SITE IMPROVEMENTS, INaUDING A NEW SWIMMING POOL; AND 3) ALLOW FOR A REDUCED FRONT YARD SETBACK FROM 20'-0"' TO 8'-934" AND A REDUCED SIDE YARD SETBACK FROM 7'-6" TO 4'-454" TO PRESERVE THE ESTABLISHED 10 DEVELOPMENT FOOTPRINT OF THE EXISTING GARAGE/GUEST HOUSE; AND A REDUCED FRONT YARD SETBACK FROM 20'-0" TO 12'-634" FOR 11 THE REPLACEMENT OF A NEWLY DESIGNED FRONT ENTRY COURTYARD WAIL wmt DECORATIVE WOOD GATE AND IRON VIEW FENCE 12 GREATER THAN FORTY-TWO INCHES IN HEtGHT ON PROPERTY LOCATtD AT 5039 TIERRA DEL ORO WITHIN IHE MELLO II SEGMENT OF THE 13 cnrs COASTAL ZONE AND LOCAL FACIUTIES MANAGEMENT ZONE 3. CASE NAME: TIERRA DEL ORO RESIDENCE CASE NO.: CDP 14-05/AV 15-04 5 7 8 9 28 WHEREAS, the Tierra Del Oro, LLC, "Own«r/Devdoper" has filed a verified application with the City of Carisbad regarding prortertles described as: 15 16 17 .. Lot 8 of Tierra Dei Oro, tn the City of Carisbad, Cotmty of San Diego, 18 State of California, according to Map thereof No. 3052, filed in the Office ofthe County Recorder of San Oiego County, February 4,1954 19 •' 20 21 22 23 24 25 ("the Property"); and WHEREAS, said verified appiication constitutes a request for a Coastai Development Permit and Minor Variance as shown on Exhibits "A" - "li" dated May 20|, 2015, on file in the Planning Division, TIERRA OEL ORO RESIDENCE - CDP 14-05/AV 15-04, as provided by Chapters 21.50 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 20, 2015, | EXHIBIT NO. 6 26 hearing as prescribed by law to consider said request; and 27 APPLICATION NO. A-6-CII-15-0039 Nolan Resolution California Coastal Commission 1 2 3 4 5 6 7 15 16 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, If any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit and Minor Variance. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. g B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES TIERRA DEL ORO RESIDENCE - CDP 14-05/AV 15-04 based on the following g findings and subject to the following conditions: 10 Findings; 11 Coastal Development, CDP 14-05 12 1. That the proposed development is in conformance with the Certified Local Coastal Program and all appiicable policies in that the project site Is designated for single-family residential 13 development and the development consists of demolition, partial remodel and expansion of an existing single-family residence with an accessory garage/guest house on a 0.61 acre 1^ property; the development is consistent with the Mello II land use designation of RLM/OS; no development is proposed within the Open Space (OS) designated portions of the site reserved for the coastal bluff and the beach area below; the proposed residence, which includes a decorative iron type view fencing perpendicular to the north property line with ^5096 open type design, does not obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone; no agricultural activities, geological instability or coastal access opportunities exist on the previously graded 13 and developed site; and no sensitive biological resources exist on site as discussed in the project staff report. 19 The proposal is in conformity with the public access and recreation policies of Chapter 3 of the 20 Coastal Act in that while the property is located adjacent to the shore, the project will not interfere with the public's right to physical access as there are existing vertical shoreline 21 public access points in close proximity of the project site located to the north along Carlsbad Boulevard across from the Encina Power Plant, and to the south along Carisbad Boulevard 22 near Cerezo Drive; and the proposal will not deny the public access to the beach in that the project is conditioned to dedicate a lateral public access easement with a minimum width of 23 25 feet of dry sandy beach at all times of the year to the Califomia Coastal Commission or their designee as agreed to with the California Coastal Commission. 25 3. The project is consistent with the provisions of the Coastal Resource Protection Overiay Zone (Chapter 21.203 of the Zoning Ordinance) In that the project will adhere to the City's Master 25 Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and iurisdictional Urban Runoff Management Program (JURMP) to 27 avoid increased urban run-off, pollutants and soil erosion. No development occurs within areas of natural steep slopes (225%); no native vegetation is located on the subject property; 28 PC RESO NO. 7101 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 27 28 and no development occurs within the 100 year flood plain. A geotechnical analysis prepared for the project indicates that the site is not located in an area prone to landslides or slope instability; and seismic hazards, such as risk of liquefaction, tsunami and seiche. Is considered low. 4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 ofthe Zoning Ordinance) in that a) the project does not interfere with the public's right to physical access as there are existing vertical shoreline public access points in close proximity to the north and south of the project site as discussed in the project staff report; b) the proposal does not deny the public access to the beach in that the project has been conditioned to dedicate a lateral public access easement with a minimum width of 25 feet of dry sandy beach at all times of the year to the California Coastal Commission or their designee as agreed to with the California Coastal Commission; c) a geotechnical analysis and subsequent updates for the project concluded that the proposed development, including the addition of a new swimming pool, will have no adverse effect on the stability of the coastal bluff and that the site is suitable for the proposed development; d) all enclosed portions of the proposed structures, including decks and other appurtenances, adhere to the coastal "stringline" setback requirements; and for the proposed swimming pool, where no "stringline" opportunity exists to the south, is proposed at or below existing grade, does not encroach into or penetrate the coastal bluff, and is proposed within an area of existing improvements (i.e., existing concrete patio and existing basement footprint); e) the project proposes an attractive architectural design that Is well articulated and consistent with other adjacent homes within the neighborhood; and with exception to the southwest corner of the existing garage/guest house structure, which is proposed to remain and the subject of a minor variance, all new additions comply with the applicable side yard setback requirements, and to the extent feasible along the north elevation, will continue to preserve existing ocean views from the public street. Decorative iron type view fencing with a iSO% open design replaces an existing iron view fence with wide Iron slats and a solid stone wall, thus increasing ocean views from the public street; f) the proposed single-family home, to the extent feasible, retains the natural features and topography of the site, and all new habitable living area is stepping further back from the ocean in comparison to the existing residential footprint (I.e., the proposed basement footprint moves eastward approximately 21 feet while the main level moves eastward approximately 12 feet); g) the improved site has been previously graded to accommodate the existing single-family residence, basement and detached accessory garage/guest house, and only minor grading for the basement and swimming pool improvements are proposed; and h) the proposed landscape has been designed to use an efficient irrigation system and eliminate dry weather flow. Minor Variance, AV 15-04 5. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that the subject site is constrained between the street right-of-way and coastal bluff, and application of both the "stringline" setback requirements for structures and rear yard amenities combined with a required 20-foot front yard setback, the buildable area of the site is significantly reduced and an average of less than 1896 of the site Is considered developable. Therefore, setbacks applicable to the subject lot results In a significantly smaller buildable area than that of comparable sized lots. Additionally, other residences within the immediate neighborhood and along other coastal bluff areas ofthe city have been developed PC RESO NO. 7101 -3- 1.. with 10-foot or less front yard setbacks and/or 5-foot or less side yard setbacks, or have 2 received approval of variances for 10-foot or less front yard setbacks and/or 5-foot or less side yard setbacks. The requested IZ'SH" reduced front yard setback for the replacement of 3 a newly designed front entry courtyard wall with decorative wood gate and iron view fence greater than forty-two Inches in height; and also the S'-9%" front yard setback and 4'-4}4" side 4 yard setback for a limited portion of the existing garage/guest house is consistent with that which was legjiliy constructed in 1959; does not exceed 75% (i.e., 15'-0") ofthe required front ^ yard; does not exceed 75% (i.e., 5'-%") of the required side yard; does not exceed other front and side yard setback variance requests granted in the same zone and general vicinity, and would not constitute a special privilege that is not enjoyed by other properties in the general vicinity and under identical zoning classifications. 15 16 g 6. That the minor variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is Q located and is subject to any conditions necessary to assure compliance with this finding, in that other residences within the immediate neighborhood and along other coastal bluff areas of 10 the city that have 10-foot or iess front yard setbacks and 5-foot or less side yard setbacks, so the proposed setback reductions will be consistent with the setbacks allowed for other 11 properties in the same general vicinity and zone; and therefore, would not constitute a special privilege that is not enjoyed by other properties in the same general vicinity and under the 12 identical zoning classification. 13 7. That the minor variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property, in that the proposed design will result in the remodel of an existing legally constructed garage/guest house and the replacement of an existing courtyard wall and iron view fence greater than forty-two inches in height with a newly designed courtyard wall with decorative wood gate and iron view fence greater than forty-two inches in height, maintaining the current use of the property as a one- family dwelling while updating the appearance and functionality. The granting of the minor variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the property. 18 8. That the minor variance is consistent with the general purpose and Intent of the general plan 19 and any applicable specific or master plans, in that the proposed use will remain as a one- family dwelling, consistent with the Residential Low-Medium (RLM) Density designation; the 20 proposed project does not change the use or density of the property as discussed above; no development is proposed within the Open Space (OS) designated portions ofthe site reserved 21 for coastal btuff and beach area below; and the granting of this variance would not be materially detrimental to the public welfare or injurious to the property or improvements in 22 the vicinity and zone in which the property is located in that other residences within the immediate neighborhood and along other coastal bluff areas of the city have been developed with reduced setbacks. 24 " That the minor variance is consistent with and implements the requirements of the certified 25 local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the 26 variance implements the purposes of zones adopted to implement the local coastal program land use plan, in that the granting of a minor variance is consistent with and implements the 27 requirements of the Local Coastal Program, and will not have an adverse effect on coastal resources as discussed in the project staff report. Furthermore, the project will maintain 28 PC RESO NO. 7101 1 2 3 4 5 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 coastal "stringline" limits, building height and lot coverage requirements; will not impact steep slopes; will continue to preserve ocean views as seen from the public street along the north property line; and will have no impact on sensitive environmental resources. California Environmental Quality Act (CEQA): 10. The City Planner has determined that the project belongs to a cla.ss 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 preparation of environmental documents pursuant to Sections 15301(1), 15303(a), and 15305(a) of the State CEQA Guidelines. More specifically, CEQA Section 15301(1) - Existing Structures, is a Class 1 exemption that includes demolition and removal of small structures, such as but not limited to, one single-family residence. Consistent with this section, the project includes the demolition of one (1) existing single-family residence in preparation for the construction of a new single-family home along with the remodel of an existing accessory structure consisting of a two-car garage and guest house. CEQA Section 15303(a) - New Construction or Conversion of Small Structures, is a Class 3 exemption that includes the construction of one single-famiiy residence or second dwelling unit in a residential zone. Consistent with the section, the project Is proposing to construct a new single-family residence in place of an existing single-family residence, which is located on a residentially zoned property (i.e., R-l Zone). CEQA Section 15305(a) - Minor Alterations in Land Use Limitations, Is a Class 5 exemption consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use density, including but not limited to, minor lot line adjustments, side yard, and setback variances not resulting in the creation of any new parcels. Consistent with this section, the project is proposing a setback variance (i.e., 8'-9^" reduced front yard and a 4'-4!4" reduced side yard along the south side of an existing detached garage/guest house, and a 12'-6M" reduced front yard setback for the replacement of a newly designed front entry courtyard wall with decorative wood gate and iron view fence that is greater than forty-two inches in height) in an area of the parcel with an average slope of iess than 20% and of which does not result in any changes in land use density. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. General 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and Improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development priorto or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. PC RESO NO. 7101 -5- 1 The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code 2 Section 21.90.050 and will be collected prior to issuance of building permit. 3 12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carisbad Municipal Code Chapter 18.50). 4 13. The Planning Commission has reviewed each of the exactions imposed on the Developer ^ contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 15 16 Conditions: 6 7 8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the g demolition permit, grading permit or building permit whichever occurs flrst. 10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained 11 according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or 12 further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to 13 compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit and Minor Variance. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and Minor Variance documents, as necessary to make them internally consistent and in'conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this lg approval. 19 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 20 If any condition for construction of any public improvements or facilities, or the payment of any 21 fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such 22 condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 2 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Councii members, officers, employees, agents, and 25 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorne/s fees incurred by the City arising, directly or indirectly, 25 from (a) City's approval and issuance of this Coastal Development Permit and Minor Variance (b) City's approval or issuance of any permit or action, whether discretionary or 27 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 28 PC RESO NO. 7101 -6- 1 without limitation, any and all liabilities arising from the emission by the facility of 2 electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not 3 validated. 4 6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the Site Plan refiecting the conditions approved by the final decision-making body. 5 6 7 27 28 Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carisbad Unified School District that this project has satisfied its obligation to provide school facilities. g 8. This project shall comply with all conditions and mitigation measures which are required as part ofthe Zone 3 Local Facilities Management Plan and any amendments made to that Plan priorto g the issuance of building permits. 10 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11 10. Developer shall submit to the City a Notice of Restriction executed by the owner of the real 12 property to be developed. Said notice Is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest 13 that the City of Carlsbad has issued a Coastal Devetopment Permit and Minor Variance by Resolution No. 7101 on the property. Said Notice of Restriction shall note the property 1^ description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion In the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 17 11. Building permits will not be issued for this project unless the local agency providing water and 13 sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the 19 application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 20 12. . Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the 21 License Tax on new construction imposed by Carisbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code 22 Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 24 25 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the Cit/s Landscape 25 Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 7101 1. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape 2 plan check process on file in the Planning Dh/ision and accompanied by the project's building, improvement, and grading plans. 3 15. Approval is granted for CDP 14-05 and AV 15-04 as shown on Exhibits "A" - "11", dated May 20, 4 2015, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 5 16. Prior to the issuance of a building permit, the owner shall comply with the Coastal Shoreline ^ Dewlo£mentJ)veriay ZOT^ Zoning Ordinance), anj^edicatte aJgteraV ^blic access easement with a minimum width of Jwreiii^^^ at alll ^times of the year to .the Caiifornia CoastaLCommission or theirdesignee-agiigreed'to-withJthe /QUifbrnia-Coastal-Commission. ..y* g 17. The proposed bar area located within the basement level of the proposed single-femily home shall comply with all zoning standards governing "wet bars" as defined in Section 21.04.378.1 10 of the Carisbad Municipal Code. 11 Engineering: 12 General 13 18. 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 1^ proposed haul route. 15 16 17 28 19. Developer shall install sight distance corridors at all driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 18 20. 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. 19 21. Developer shall cause property owner to execute and submit to the city engineer for 20 recordation the cit/s standard form Drainage Hold Harmless Agreement. 21 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 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 bythe city engineer. Grading 23 24 25 23. Based upon a review of the proposed grading and the grading quantities shown on the site plan, 26 a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading 27 plan review and permit fees per the city's latest fee schedule. PC RESO NO. 7101 -8- 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, could affect the design of this project. Prior to construction. Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 25. :i Developer shall comply with the cit/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 pracfices, pollution prevention and educational practices, . ; • . njaintenance prpcedures,.arid qth.er management practices or devices to prevent or reduce the ' discharge of .pbllutaiitis to ^tormj/y^ maximum extent practicable. DWeloper shall no^^^ and tenants ofthe above requirements. 26. 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. 27. Developer is responsible to ensure that all final design plans (grading plans, landscape plans, building plans, etc.) incorporate all source control, site design and Low Impact Design (LID) facilities. 28. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the cit/s Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to reducing the use of new impervious surfaces (e.g.: paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas) all to the satisfaction ofthe city engineer. Utilities 29. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. . 30. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 31. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050. PC RESO NO. 7101 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 ofthe Carlsbad Municipal Code. 33. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction ofthe city engineer. 34. Approval of this request shall not excuse compliance with all applicable sections qf the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 35. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carisbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal priorto any Judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and fite the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7101 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission ofthe City of Carlsbad, Cjlifornia, held on May 20,2015, by the following vote, to wit: AYES: Chairperson Scully, Commissioners Anderson, Black, L'Heureux, Montgomery and Segall NOES: ABSENT: Commissioner Siekmann ' ABSTAIN: VtTORIft SCULLY, Chairperson CAfUrSfiSAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7101 -11- STATE OF CAUKKMIA^THe NATURAL RCSOURqES AODWY EDMUND a BRCaWH.JH.. Ommmtr CALIFORNIA COASTAL COMMISSION SAH DKGO AREA T37S METROPOUTAN DRIVE, SUtTE 103 SAN DIEOO. CA 9Z10»44«2 (61*) 767-2370 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Please Review Attached Appeal Information Sheet Prior To Completing This Form. SECTION L Appellantfsl Name; Mailing Address: Phone Nuinber: Payq^ Pp^hco 45 Fremont Street Suite 2000 San Francisco. CA 94105 f415W04-5200 SECTION n. Decision Being Appealed 1. Name of local/port govcritment: Citv of Carlsbad 2. Brief description of development being appealed: pemolition of existing 3.056 square foot one-storv sincle-familv residence wid) basement, alone with the partial demolition ofan existing detached 528 square foot two-car garage with attached 432 square foot guest house. Mid the constmction of a new two-storv 8.845 square foot sinele-familv residence with basement and a new pool (with pool deck> on a 26,600 square foot blufftop lot. 3. Development's location (street address, assessor's parcel no., cross street, etc.:) The property is located at the southem terminus of Tierra Del Oro. at 5039 Tierra Del Oro fAPN: 210-020-08^ within the Mello H LCP Segment. 4. Description of decision being appealed; a. Apiffoval; no special conditions:!"! b. Approval with special conditions:^ c, DeniahO d. Other O Note: For jurisdictions with a total LCP, denial decisions by a local government cannot be appealed unless the developmrat is a major energy or public worics project. Denial decisions by port governments are not appealable. TO BE COMPLETED BY COMMISSION: APPEAL NO: A-6-CII-15-0039 DATE FILED; 6il2iM5 DISTRJCT: San Diepo JUN 1 6 2015 CAUFORNIA COASTAI COhWAlSSI SAN DICGO COAST 01 EXHIBIT NO. 7 APPLICATION NO. A-6-CII-15-0039 Nolan Appeal Forms California Coastal Commission Page 2 5. Decision being appealed was made by (check one): a. dl Planning Director/Zoning c. ^ Planning Commission Administrator b. n City Council/Board of d. • Other Supervisors Date of local govemment's decision: Mav 20. 2015 Local govermnent's file number (if any): CDP 14-05 SECTION III. Identification of Other Interested Persons Give the names and addresses of the following parties. (Use additional paper as necessary.) Name and mailing address of permit applicant: Carson Nolan Island Architects 7626 Herschel Avenue La Jolla. CA 92037 Names and mailing addresses as available of those who testified (either verbally or in writing) at the city/coimty/port hearing(s). Include other parties which you know to be interested and should receive notice of this appeal. SECTION rv. Reasons Supportuig This Apt)eal Note: Appeals of local govemment coastal permit decisions are limited by a variety of factors and requirements of the Coastal Act. Please review the appeal information sheet for assistance in completing this section, which continues on the next page. APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Page 3 State briefly your reasons for this appeal. Include a summary description of Local Coastal Program, Land Use Plan, or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons the decision warrants a new hearing. (Use additional paper as necessaiy.) 5^ A-TTAeHMBA^T A Note: The above description need not be a complete or exhaustive statement of your reasons of appeal; however, there must be sufficient discussion for staff tp determine that the appeal is allowed by law. The appellant, subsequent to filing the appeal, may submit additional information to the staff and/or Commission to support the appeal request. SECTION v.. Certification The infornfjation and fa«s Mtid abova are correct to the best of my/our knowledge. Signed: /( [^(^CM Appellant or Agent Dated: Agent Authorization: I designate the above identified person(s) to act as my agent in all matters pertaining to this appeal. Signed: Dated: JUN 1 6 2015 CALIFORNIA COASTAL COMiWSSfON SAN DIEGO COAST DISTRICT Page 1 Attachment A 6/17/2015 The proposed project involves demolition of an existing 3,056 square foot, one-story single- family residence with basement, along with the partial demolition of an existing detached 528 square foot two-car garage with attached 432 square foot guest house, and the constmction of a new two-story 8,845 square foot single-family residence with basement and a new pool (with pool deck) on a 26,600 square foot blufftop property. The project site is a coastal blufftop lot located on the west side of Tierra Del Oro, just south of Cannon Road. The existing residence was built in 1959, with private stair access extending across the bluff face and to the beach, and a rip rap revetment along the rear property line established prior to the Coastal Act. The City found that the subject single family residence is consistent with the blufftop and shoreline development provisions of the certified Local Coastal Program (LCP). However, the development as approved by the City raises several LCP consistency issues with regard to stringline setbacks, geologic stability analysis, bluff edge determination, and previously unpennitted development. Ocean Setback ("Stringline'") The City's certified LCP prohibits new development fi'om extending further seaward than a "stringline" drawn between adjacent developments. Specifically, Section 21.204.050.B. of the Coastal Shoreline Development Overlay Zone (part of the City's Implementation Plan, "IP") states: New development fi-onting the ocean shall observe at a minimum, an ocean setback based on a "stringline" method of measurement. No enclosed portions of a structure shall be pennitted further seaward than those allowed by a line drawn between the adjacent structure to the north and south; no decks or other appurtenances shall be permitted further seawaid than those allowed by a line drawn between those on the adjacent structures to the north and south. A greater ocean setback may be required for geologic reasons and if specified in the local coastal program. The new single-family residence would be rebuilt 12 feet inland of the existing building footprint, at the main level, and by 21 feet at the basement level. This proposed change to relocate the main residence landward of the existing building footprint complies with the enclosed (habitable) development stringline requirement. The City, however, did not apply a stringline for decks/unenclosed accessory structures. The City found that the project is consistent with the stringline provisions of the LCP; however, while the stringline for habitable stmctures was applied correctly and resulted in the new residence being sited further landward, the stringline for decks/unenclosed accessory structures was not applied to the approved plans. This would result in the encroachment of new development approximately 1 - lO'seaward beyond the allowable stringline and resuh in the existing terrace, pool, pool deck, and other accessory developments extending seaward beyond similar existing accessory structures on adjacent properties to the north and south of the subject site. Page 2 Geologic Analvsis The certified Carlsbad Mello II LCP Segment contains policies that address when reliance on shoreline protective devices can be considered. The City's certified Mello n Land Use Plan (LUP) includes Policy 4-1, Subsection HI (Shoreline Structures), which is echoed by Section 21.204.040.B. (Conditional Beach Uses) ofthe City's IP, and both identifiy tiiat shoreline armoring shall only be allowed to protect existing development, coastal-dependent uses, or public beaches in danger of erosion. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. In establishing the development setbacks and their adequacy to protect development over the lifespan of the improvements, the Geologic Report identified that a 1.5 factor of safety delineation for the subject site, with an applied erosion rate over 75 years, could only accommodate the proposed development with reliance upon the existing rip rap revetment fi^onting the subject site as a shoreline protection measure. The Geologic Report failed to evaluate whether or not the proposed new development would be safe without reliance on shoreline armoring. In this case the proposed project includes demolition of the existing stracture and the constraction of a new stracture that should be sited in a location that would not require stability afforded by either existing or future shoreline armoring. This requirement is especially relevant given the future potential for sea level rise, and provides for greater flexibility regarding adaptive measures that may be necessary related to future shoreline management strategies. Delineation of Coastal Bluff Edge The certified Carlsbad Mello II LUP contains policies that address bluff preservation. Policy 4-1 provides: fd) Undevelopable Shoreline Features No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with the exception of accessways to provide public beach access and of limited public recreation facilities. The Geologic Report conducted for the subject site delineated the bluff edge for the property at a lower elevation and further seaward than several other bluff edge detenninations conducted for the previous redevelopment of properties located in close proximity to the subject site, and along the same coastal headland. The Geologic Report identified the bluff edge as following a line extending downslope along an existing concrete walkway and retaining wall that traverse the bluff. This identification resulted in a bluff edge determination at an elevation approximately 10 feet lower than previous bluff edge determinations conducted for similar properties located atop the same bluff. While the City did not directly rely on the bluff edge determination to identify appropriate setback and sitmg for the proposed development, the bluff edge identified within the Geologic Report could allow for Page 3 future encroachment along the bluff face that could be inconsistent with the certified LCP if allowed to be recognized at this lower elevation. Unpermitted Development The existing residence was built in 1959, with private stair access to the beach and a rip rap revetment along the rear property line established prior to the Coastal Act. In 1978 (under permit #F7529) seven properties along Tierra Del Oro (including the subject property), received Coastal Commission approval to repair and upgrade the existing revetment, due to erosional unpacts at the time. When the revetment was repaired, the portion of the pre-coastal stairway on the property that was located within the footprint of the revetment was removed. However, several years later, a new private stairway was constructed through the revetment on the subject property to access the beach, without any local or Commission approval. The City's recent review of the subject site did not address the potential violation of the revetment stairway which accesses the beach, and instead remained silent on the existence of the unpermitted stairway within the revetment. Any redevelopment should address unpermitted development existing on the subject site in order to bring those items into conformance with the certified LCP. STATE OF CALIFORNIA-THE NATURAL RESOURCES A6ENCY EDMUND O. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE. SUITE 103 SAN DIEGO, CA 92108-4402 (619) 76T-2370 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Please Review Attached Appeal Information Sheet Prior To Completing This Form. SECTIONI. Appellantrs^ Name: Mailing Address: Phone Number: Jana Zimmer 45 Fremont Street Suite 2000 San Francisco. CA 94105 (4151 904-5200 SECTION II. Decision Being Appealed 1. Nameof local/port govemment: Citv of Carlsbad 2. Brief description of development being appealed: Demolition of existing 3.056 square foot one-storv single-family residence vdth basement, along with the partial demolition of an existing detached 528 square foot two-car garage with attached 432 square foot guest house, and the constmction of a new two-storv 8.845 square foot smgle-family residence with basement and a new pool (with pool deck) on a 26.600 square foot blufftop lot. 3. Development's location (street address, assessor's parcel no., cross street, etc.:) The propertv is located at the southem terminus of Tierra Del Oro. at 5039 Tierra Del Oro (APN: 210-020-08) withm the Mello II LCP Segment. mm Description of decision being appealed: a. Approval; no special conditions:!"! c. Denial :0 b. Approval with special conditions:] d. Otiier :n Note: For jurisdictions with a total LCP, denial decisions by a local govemment cannot be appealed imless the development is a major energy or public works project Denial decisions by port govemments are not appealable. TO BE COMPLETED BY COMMISSION: APPEALNO: A-6-CII-15-0039 DATE FILED: 6/17/2015 DISTRICT: SanDiego JUN 1 7 2015 CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT Page 2 5. Decision being appealed was made by (check one): a. O Planning Director/Zoning c. ^ Planning Commission Administrator b. • City Council/Board of d. • Otiier Supervisors Date of local govemment's decision: Mav 20.2015 Local govemment's file number (if any): CDP 14-05 SECTION m. Identification of Otiier Interested Persons Give the names and addresses of the following parties. (Use additional paper as necessary.) Name and mailing address of permit applicant: Carson Nolan Island Architects 7626 Herschel Avenue La Jolla. CA 92037 Names and mailing addresses as available of those who testified (either verbally or in writing) at the city/county/port hearing(s). Include other parties which you know to be interested and should receive notice of this appeal. SECTION IV. Reasons Supportuig This Appeal Note: Appeals of local govermnent coastal permit decisions are limited by a variety of factors and requirements of the Coastal Act. Please review the appeal infomiation sheet for assistance in completing this section, which continues on the next page. BB/17/?015 14:52 B663831437 SOLOMON ZIMMER PAGE 02/B2 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Page 3 State briefly your reasons for this appeal. Include a summary description of Local Coastal Prograra, Land Use Plan, or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons the decision warrants a new hearing. (Use addjtional paper as necessary.) Ref: 5039 Tierra Del Oro Carlsbad See Attached Note: The above description need not be a complete or exhaustive statement of your reasons of appeal; however, there must be sufficient discussion for staff to detennine that the appeal is allowed by law. The appellant, subsequent to filing the appeal, may submit additional information to the staff and/or Commission to support the appeal request. SECTION V. Certification The information and facts stated above are correct to the best of my/our knowledge. Signed; Comraissionejc Jana Zimmer Appellant or Agent Dated: June 17,2015 Agent Authorization: I designate the above identified person(s) to act as my agent in all matters pertaining to tbis appeal Signed: Dated: JUN 1 7 2015 CALIFORNIA COASTAL COMMfSSfON SAN DIEGO COAST DISTRICT Page 1 Attachment A 6/17/2015 The proposed project involves demolition of an existing 3,056 square foot, one-story single- family residence with basement, along with the partial demolition of an existing detached 528 square foot two-car garage with attached 432 square foot guest house, and the construction of a new two-stoiy 8,845 square foot single-family residence with basement and a new pool (with pool deck) on a 26,600 square foot blufftop property. The project site is a coastal blufftop lot located on the west side of Tierra Del Oro, just south of Cannon Road. The existing residence was buih in 1959, with private stair access extending across the bluff face and to the beach, and a rip rap revetment along the rear property line established prior to the Coastal Act. The City found that the subject single family residence is consistent with the blufftop and shoreline development provisions of the certified Local Coastal Program (LCP). However, the development as approved by the City raises several LCP consistency issues with regard to stringline setbacks, geologic stability analysis, bluff edge determination, and previously unpermitted development Ocean Setback ("Stringline") The City's certified LCP prohibits new development from extending further seaward than a "stringline" drawn between adjacent developments. Specifically, Section 21.204.050.B. of the Coastal Shoreline Development Overlay Zone (part ofthe City's Implementation Plan, "IP") states: New development fix)nting the ocean shall observe at a minimum, an ocean setback based on a "stringline" metiiod of measurement. No enclosed portions of a structure shall be permitted further seaward than those allowed by a line drawn between the adjacent structure to the north and south; no decks or other appurtenances shall be permitted further seaward than those allowed by a line drawn between those on the adjacent structures to the north and south. A greater ocean setback may be required for geologic reasons and if specified in the local coastal program. The new single-family residence would be rebuilt 12 feet inland ofthe existing building footprint at the main level, and by 21 feet at the basement level. This proposed change to relocate the main residence landward of the existing building footprint complies with the enclosed (habitable) development stringline requirement. The City, however, did not apply a stringline for decks/unenclosed accessory stractures. The City found that the project is consistent with the stringline provisions of the LCP; however, while the stringline for habitable stractures was applied correctly and resulted in the new residence being sited further landward, the stringline for decks/unenclosed accessory stractures was not applied to the approved plans. This would resuh in the encroachment of new development approximately 1 - lO'seaward beyond the allowable stringline and result in the existing terrace, pool, pool deck, and other accessory developments extending seaward beyond similar existing accessory structures on adjacent properties to the north and south of the subject site. Page 2 Geologic Analvsis The certified Carlsbad Mello II LCP Segment contains policies that address when reliance on shoreline protective devices can be considered. The City's certified Mello II Land Use Plan (LUP) includes Policy 4-1, Subsection HI (Shoreline Stractures), which is echoed by Section 21.204.040.B. (Conditional Beach Uses) ofthe City's IP, and both identifiy that shoreline armoring shall only be allowed to protect existing development, coastal-dependent uses, or public beaches in danger of erosion. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing stractures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. In establishing the development setbacks and their adequacy to protect development over the lifespan of the improvements, the Geologic Report identified that a 1.5 factor of safety delineation for the subject site, with an applied erosion rate over 75 years, could only accommodate the proposed development with reliance upon the existing rip rap revetment fi-ontingthe subject site as a shoreline protection measure. The Geologic Report failed to evaluate whether or not the proposed new development would be safe without reliance on shoreline armoring. In this case the proposed project includes demolition of the existing stracture and the constraction of a new structure that should be sited in a location that would not require stability afforded by either existing or future shorehne armoring. This requirement is especially relevant given the future potential for sea level rise, and provides for greater flexibility regarding adaptive measures that may be necessary related to future shoreline management strategies. Delineation of Coastal Bluff Edge The certified Carlsbad Mello II LUP contains pohcies that address bluff preservation. Policy 4-1 provides: (d) Undevelopable Shoreline Features No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with the exception of accessways to provide public beach access and of limited public recreation facilities. The Geologic Report conducted for the subject site delineated the bluff edge for the property at a lower elevation and further seaward than several other bluff edge determinations conducted for the previous redevelopment of properties located in close proxunity to the subject site, and along the same coastal headland. The Geologic Report identified the bluff edge as following a line extending downslope along an existing concrete walkway and retaining wall that traverse the bluff. This identification resulted in a bluff edge detennination at an elevation approximately 10 feet lower than previous bluff edge determinations conducted for similar properties located atop the same bluff While the City did not directly rely on the bluff edge determination to identify appropriate setback and siting for the proposed development, the bluff edge identified within the Geologic Report could allow for Page 3 future encroachment along the bluff face that could be inconsistent with the certified LCP if allowed to be recognized at this lower elevation. Unpermitted Development The existing residence was built in 1959, with private stair access to the beach and a rip rap revetment along the rear property line established prior to the Coastal Act. In 1978 (under permit #F7529) seven properties along Tierra Del Oro (including the subject property), received Coastal Commission approval to repair and upgrade the existing revetment, due to erosional impacts at the time. When the revetment was repaired, the portion of the pre-coastal stairway on tiie property that was located within the footprint of the revetment was removed. However, several years later, a new private stairway was constracted through the revetment on the subject property to access the beach, without any local or Commission approval. The City's recent review of the subject site did not address the potential violation of the revetment stairway which accesses the beach, and instead remained silent on the existence of the unpermitted stauway within the revetment Any redevelopment should address unpermitted development existing on the subject she in order to bring those items into confonnance with tiie certified LCP. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR.. Govemor CALIFORNIA COASTAL COMMISSION San Diego Coast District Office 7575 Metropolitan Drive, Suite 103 San Diego. Califomia 92108-4402 (619) 767-2370 FAX (619) 767-2384 WWW.C0ASTAL.CA.GOV COMMISSION NOTIFICATION OF APPEAL DATE: June 18,2015 TO: Jason Goff City of Carlsbad, Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008 FROM Rick Casswell, Califomia Coastal Commission, San Diego RE: Commission Appeal No. A-6-CII-15-0039 Please be advised that the coastal development permit decision described below has been appealed to the Califomia Coastal Commission pursuant to Public Resources Code Sections 30603 and 30625. Therefore, the decision has been stayed pending Commission action on the appeal pursuant to the Public Resources Code Section 30623. Local Permit #: Applicant(s): Description: CDP 14-05 Island Architects, Attn: Carson Nolan Demolition of an existing 3,056 square foot single-story single-family residence with basement, partial demohtion of existing detached 528 square foot two-car garage with 432 square foot guest house; remodel, expansion and attachment of existing two-car garage and guest house to a new two-story 8,845 square foot single-family residence with basement and new pool. Location: 5039 TIERRA DEL ORO, CARLSBAD, CA 92008 APN: 210-020-08 Local Decision: 05/20/2015 Appellant(s): Commissioners Bochco and Zimmer Date Appeal Filed: 06/18/2015 The Commission appeal number assigned to this appeal is A-6-CII-15-0039. The Commission hearing date has not been scheduled at this time. Within 5 working days of receipt of this Commission Notification of Appeal, copies of all relevant documents and materials used in the County of San Diego's consideration of this coastal development permh must be delivered to the San Diego Coast District Office of the Coastal Commission (Califomia Administrative Code Section 13112). Please include copies of plans, relevant photographs, staff reports and related documents, findings (if not already forwarded), all correspondence, and a list, with addresses, of all who provided verbal testimony. A Commission staff report and notice of the hearing will be forwarded to you prior to the hearing. If you have any questions, please contact Rick Casswell at the San Diego Coast District Office. cc: Island Architects Attn: Carson Nolan CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND 0. BROWN, JR.. Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 (619) 767-2370 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Please Review Attached Appeal Information Sheet Prior To Completing This Form. SECTIONI, Appellant(s) Name: Mailing Address: Phone Number: Jana Zimmer 45 Fremont Street Suite 2000 San Francisco. CA 94105 (415) 904-5200 SECTION II. Decision Being Appealed 1. Name of local/port govemment: City of Carlsbad 2. Brief description of development being appealed: Demolition of existing 3.056 square foot, one-storv single-family residence vyith basement, along with the partial demolition ofan existing detached 528 square foot two-car garage with attached 432 square foot guest house, and the constmction of a new two-story 8.845 square foot single-family residence with basement and a new pool (with pool deck) on a 26.600 square foot blufftop lot. 3. Development's location (street address, assessor's parcel no., cross street, etc.:) The property is located at the southem terminus of Tierra Del Oro. at 5039 Tierra Del Oro (APN: 210-020-08) within the Mello II LCP Segment. 4. Description of decision being appealed: a. Approval; no special conditions:Q b. Approval with special conditions:!^ c. Demal:n d. Otiier :n Note: For jurisdictions with a total LCP, denial decisions by a local government cannot be appealed unless the development is a major energy or public works project. Denial decisions by port governments are not appealable. TO BE COMPLETED BY COMMISSION: APPEAL NO: A-6-CII-I5-0039 DATE FILED: 6/17/2015 DISTRICT: San Diego JUN 1 7 2015 CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT Page 2 5. Decision being appealed was made by (check one): a. • Planning Director/Zoning c. ^ Planning Commission Administrator b. • City Council/Board of d. • Otiier Supervisors Date of local govemment's decision: May 20.2015 Local government's file number (if any): CDP 14-05 SECTION III. Identification of Otiier Interested Persons Give the names and addresses ofthe following parties. (Use additional paper as necessary.) Name and mailing address of permit applicant: Carson Nolan Island Architects 7626 Herschel Avenue La Jolla. CA 92037 Names and mailing addresses as available of those who testified (either verbally or in writing) at the city/county/port hearing(s). Include otiier parties which you know to be interested and should receive notice of this appeal. SECTION IV. Reasons Supportuig This Appeal Note: Appeals of local government coastal permit decisions are limited by a variety of factors and requirements of the Coastal Act. Please review the appeal mformation sheet for assistance in completing this section, which continues on the next page. 06/17/2015 14:52 8663831 SOLOMON ZIMMER PAGE 01/02 06/17/?015 14:52 B66383!MP7 SOLOMON ZIMMER W PAGE 02/02 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Page 3 State briefly vour reasons for tiiis appeal. Include a summary description of Loca) Coastal Prograra, Land Use Plan, or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons the decision warrants a new hearing. (Use additional paper as necessary.) Ref: 5039 Tierra Del Oro Carlsbad See Attached Note: The above description need not be a complete or exhaustive statement of your reasons of appeal; however, there must be sufficient discussion for staff to determine that the appeal is allowed by law. The appellant, subsequent to filing the appeal, may submit additional information to the staff and/or Commission to support the appeal request. SECTION V. Certification The information and facts stated above are correct to the best of my/our knowledge. Signed: Comraissioxiex Jana Zimmer Appellant or Agent Dated: June 17,2015 Agent Authorization: I designate the above identified person(s) to act as my agent in all matters pertaining to tbis appeal. Signed: Dated: JUN 1 7 2015 CALIFORNIA COASTAL COMMfSSfON SAN DIEGO COAST DlSTIitCT Page 1 Attachment A 6/17/2015 The proposed project involves demolition of an existing 3,056 square foot, one-story single- family residence with basement, along with the partial demolition of an existing detached 528 square foot two-car garage with attached 432 square foot guest house, and the constraction of a new two-stoiy 8,845 square foot single-family residence with basement and a new pool (with pool deck) on a 26,600 square foot blufftop property. The project site is a coastal blufftop lot located on the west side of Tierra Del Oro, just south of Cannon Road. The existing residence was built in 1959, with private stair access extending across the bluff face and to the beach, and a rip rap revetment along the rear property line established prior to the Coastal Act The City found that the subject single family residence is consistent with the blufftop and shoreline development provisions of the certified Local Coastal Program (LCP). However, the development as approved by the Cify raises several LCP consistency issues with regard to stringline setbacks, geologic sfabilify analysis, bluff edge determination, and previously unpermitted development. Ocean Setback ("Stringline") The Cify's certified LCP prohibits new development from extending further seaward than a "stringline" drawn between adjacent developments. Specifically, Section 21.204.050.B. of the Coastal Shoreline Development Overlay Zone (part of the Cify's Implementation Plan, "IP") states: New development fronting the ocean shall observe at a minimum, an ocean setback based on a "stringline" metiiod of measurement. No enclosed portions of a structure shall be permitted further seaward than those allowed by a line drawn between the adjacent stnicture to the north and south; no decks or other appurtenances shall be pennitted further seaward than those allowed by a line drawn between those on the adjacent structures to the north and south. A greater ocean setback may be required for geologic reasons and if specified in the local coastal program. The new single-family residence would be rebuilt 12 feet inland ofthe existing building footprint, at the main level, and by 21 feet at the basement level. This proposed change to relocate the main residence landward of the existing building footprint complies with the enclosed (habitable) development stringline requirement. The Cify, however, did not apply a stringline for decks/unenclosed accessory stractures. The Cify found that the project is consistent with the stringline provisions of the LCP; however, while the stringline for habitable stractures was applied conectly and resulted in the new residence being sited further landward, tiie stringline for decks/unenclosed accessory structures was not applied to the approved plans. This would resuh in the encroachment of new development approximately 1 - lO'seaward beyond the allowable stringline and result in the existing tenace, pool, pool deck, and other accessoiy developments extending seaward beyond similar existing accessory structures on adjacent properties to the north and south of the subject site. Page 2 Geologic Analvsis The certified Carlsbad Mello II LCP Segment contains policies that address when reliance on shoreline protective devices can be considered. The Cify's certified Mello n Land Use Plan (LUP) includes Policy 4-1, Subsection HI (Shoreline Structures), which is echoed by Section 21.204.040.B. (Conditional Beach Uses) ofthe Cify's IP, and both identifiy that shoreline armoring shall only be allowed to protect existing development, coastal-dependent uses, or public beaches in danger of erosion. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be pennitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. In establishing the development setbacks and their adequacy to protect development over the lifespan of the unprovements, the Geologic Report identified that a 1.5 factor of safety delineation for the subject site, with an applied erosion rate over 75 years, could only accommodate the proposed development with reliance upon the existing rip rap revetment fronting the subject site as a shoreline protection measure. The Geologic Report failed to evaluate whether or not the proposed new development would be safe without reliance on shoreline armoring. In this case the proposed project includes demolition ofthe existing structure and the constraction of a new stracture that should be sited in a location that would not require stability afforded by either existing or future shoreline armoring. This requirement is especially relevant given the future potential for sea level rise, and provides for greater flexibility regarding adaptive measures that may be necessaty related to future shoreline management strategies. Delineation of Coastal Bluff Edge The certified Carlsbad Mello II LUP contains policies that address bluff preservation. Policy 4-1 provides; (d) Undevelopable Shoreline Features No development shall be permitted on any sand or I'ock beach or on the face of any ocean bluff, with the exception of accessways to provide public beach access and of limited public recreation facilities. The Geologic Report conducted for the subject site delineated the bluff edge for the property at a lower elevation and further seaward than several other bluff edge determinations conducted for the previous redevelopment of properties located in close proximity to the subject site, and along the same coastal headland. The Geologic Report identified the bluff edge as following a line extending downslope along an existing concrete walkway and retaining wall that traverse the bluff. This identification resulted in a bluff edge determination at an elevation approximately 10 feet lower than previous bluff edge determmations conducted for similar properties located atop the same bluff While the City did not directly rely on the bluff edge determination to identify appropriate setback and siting for the proposed development, the bluff edge identified within the Geologic Report could allow for Page 3 future encroachment along the bluff face that could be inconsistent with the certified LCP if allowed to be recognized at this lower elevation. Unpermitted Development The existing residence was built in 1959, with private stair access to the beach and a rip rap revetment along the rear property line established prior to the Coastal Act. In 1978 (under permit #F7529) seven properties along Tierra Del Oro (including the subject property), received Coastal Commission approval to repair and upgrade the existing revetment, due to erosional impacts at the time. When the revetment was repaired, the portion of the pre-coastal stairway on the property that was located withm the footprint ofthe revetment was removed. However, several years later, a new private stairway was constracted through the revetment on the subject property to access the beach, without any local or Commission approval. The City's recent review of the subject site did not address the potential violation of the revetment stairway which accesses tiie beach, and instead remained silent on the existence of the unpermitted stairway within the revetment. Any redevelopment should address unpermitted development existing on the subject site in order to bring those items into conformance with the certified LCP. STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND O. BROWN, JR., Govmor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7576 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 02108-4402 (619) 767-2370 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Please Review Attached Appeal Information Sheet Prior To Completmg This Form. SECTION L Appellant(s) Name: Dayna Bochco Mailing Address: 45 Fremont Stieet Suite 2000 San Francisco. CA 94105 Phone Number: . (415) 904-5200 SECTION IL Decision Being Appealed 1. Name of local/port government: City of Carlsbad 2. Brief description of development being appealed: Demolition of existing 3.056 square foot one-story single-family residence with basement, along v/ith the partial demolition of an existing detached 528 square foot two-car garage with attached 432 square foot guest house, and the constiuction of a new two-story 8.845 square foot single-family residence with basement and a new pool (with pool deck) on a 26,600 square foot blufftop lot. 3. Development's location (street address, assessor's parcel no., cross stieet, etc.:) The property is located at the southem terminus of Tierra Del Oro. at 5039 Tierra Del Oro (APN: 210-020-08) within the Mello II LCP Segment. 4. Description of decision being appealed: a. Approval; no special conditions:["! b. Approval with special conditions:]^ c. Denial:n d. Other :Q Note: For jurisdictions with a total LCP, denial decisions by a local govemment cannot be appealed unless the development is a major energy or public works project. Denial decisions by port govemments are not appealable. TO BE COMPLETED BY COMMISSION: APPEAL NO: A-6-CII-15-0039 DATE FILED: 6/17/2015 JUN 1 6 2015 DISTRICT: SanDiego ^r...^tyi^'^}L.,r.., ^ COASTAL COMMISSION SAN DiEGO COAST DISTRICT Page 2 5. Decision being appealed was made by (check one): a. n Planning Director/Zoning c. ^ Planning Commission Administiator b. • City Council/Board of d. • Otiier Supervisors Date of local government's decision: May 20.2015 Local government's file number (if any): CDP 14-05 SECTION III. Identification of Otiier Interested Persons Give the names and addresses of the followmg parties. (Use additional paper as necessary.) Name and mailing address of permit applicant: Carson Nolan Island Architects 7626 Herschel Avenue La Jolla. CA 92037 Names and mailing addresses as available of those who testified (either verbally or in writing) at the city/county/port hearing(s). Include other parties which you know to be interested and should receive notice of this appeal. SECTION IV. Reasons Supporting This Appeal Note: Appeals of local govemment coastal permit decisions are limited by a variety of factors and requirements of the Coastal Act Please review the appeal information sheet for assistance in completing this section, which continues on the next page. APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Page 3 State briefly your reasons for this appeal. Include a summary description of Local Coastal Program, Land Use Plan, or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons the decision warrants a new hearing. (Use additional paper as necessaiy.) 5 A-TTAeHMBA^T A Note: The above description need not be a complete or exhaustive statement, of your reasons of appeal; however, there must be sufficient discussion for staff to determine that the appeal is allowed by law. The appellant,, subsequent to filing the appeal, may submit additional information to the staff and/or Commission to support the appeal request. SECTION V.Certificatia¥ The inforrnation and fa«s Mtid abova are correct to the best of my/our knowledge. Signed; P( [J^dCM Appellant or Agent Dated: 6//<^//3 Agent Authorization: I designate the above identified person(s) to act as my agent in all matters pertaining to this appeal. Signed: Dated: JUN 1 6 2015 CALIFORNIA COASTAL COAAMISSION SAN DIEGO COAST DISTRICT Page I Attachment A 6/17/2015 The proposed project involves demolition of an existing 3,056 square foot, one-stoty single- family residence with basement, along with the partial demolition ofan existing detached 528 square foot two-car garage with attached 432 square foot guest house, and the construction of a new two-story 8,845 square foot single-family residence with basement and a new pool (witli pool deck) on a 26,600 square foot blufftop property. The project site is a coastal blufftop lot located on the west side of Tierra Del Oro, just south of Cannon Road. The existing residence was built in 1959, with private stair access extending across the bluff face and to the beach, and a rip rap revetment along the rear property line established prior to the Coastal Act. The City found that the subject single family residence is consistent with the blufftop and shoreline development provisions of the certified Local Coastal Progi-am (LCP). However, the development as approved by the City raises several LCP consistency issues with regard to stringline setbacks, geologic stability analysis, bluff edge determination, and previously unpennitted development. Ocean Setback ("Stringline") The City's certified LCP prohibits new development fi'om extending further seaward than a "stringline" drawn between adjacent developments. Specifically, Section 21.204.050.B. of the Coastal Shoreline Development Overlay Zone (part of the City's Implementation Plan, "IP") states: New development fronting the ocean shall obsei"ve at a minimum, an ocean setback based on a "sti-ingline" method of measurement. No enclosed portions of a sttucture shall be permitted further seaward than those allowed by a line drawn between the adjacent structure to the north and south; no decks or other appurtenances shall be permitted further seawai-d than those allowed by a line drawn between those on the adjacent structures to the north and soutii. A greater ocean setback may be required for geologic reasons and if specified in the local coastal program. The new single-family residence would be rebuilt 12 feet inland of the existing building footprint, at the main level, and by 21 feet at the basement level. This proposed change to relocate the main residence landward of the existing building footprint complies with the enclosed (habitable) development stringline requirement. The City, however, did not apply a stringline for decks/unenclosed accessoty structures. The City found that the project is consistent with the stringline provisions of the LCP; however, while the stringline for habitable stractures was applied correctly and resulted in the new residence being sited further landward, the stringline for decks/unenclosed accessory structures was not applied to the approved plans. This would result in the encroachment of new development approximately 1 - lO'seaward beyond the allowable stiingline and resuh in the existing tenace, pool, pool deck, and other accessoiy developments extending seaward beyond similar existing accessoty sttuctures on adjacent properties to the north and south of the subject site. Page 2 Geologic Analvsis The certified Carisbad Mello H LCP Segment contains policies that address when reliance on shoreline protective devices can be considered. The City's certified Mello II Land Use Plan (LUP) includes Policy 4-1, Subsection HI (Shoreline Sttuctures), which is echoed by Section 21.204.040.B. (Conditional Beach Uses) ofthe City's IP, and both identifiy tiiat shoreline armoring shall only be allowed to protect existing development, coastal-dependent uses, or public beaches in danger of erosion. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such consttuction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing sttuctures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. In establishing the development setbacks and their adequacy to protect development over the lifespan of the improvements, the Geologic Report identified that a 1.5 factor of safety delineation for the subject site, with an applied erosion rate over 75 years, could only accommodate the proposed development with reliance upon the existing rip rap revetment fi-onting the subject site as a shoreline protection measure. The Geologic Report failed to evaluate whether or not the proposed new development would be safe without reliance on shoreline armoring. In this case the proposed project mcludes demohtion ofthe existing sttucture and the consttuction of a new structure that should be sited m a location that would not require stability afforded by either existuig or future shorelme armoring. This requirement is especially relevant given the future potential for sea level rise, and provides for greater flexibility regarding adaptive measures that may be necessaty related to fiiture shoreline management strategies. Delineation of Coastal Bluff Edge The certified Carisbad Mello II LUP contains policies that address bluff preservation. Policy 4-1 provides: (d) Undevelopable Shoreline Features No development shall be pennitted on any sand or rock beach or on the face of any ocean bluff, with the exception of accessways to provide public beach access and of limited public recreation facilities. The Geologic Report conducted for the subject site delineated the bluff edge for the property at a lower elevation and further seaward than several other bluff edge detenninations conducted for the previous redevelopment of properties located in close proximity to the subject site, and along the same coastal headland. The Geologic Report identified the bluff edge as following a line extending downslope along an existing concrete walkway and retaining wall that traverse the bluff. This iclentification resulted in a bluff edge determination at an elevation approximately 10 feet lower than previous bluff edge determinations conducted for similar properties located atop the same bluff. While the City did not directly rely on the bluff edge determination to identify appropriate setback and siting for the proposed development, the bluff edge identified within the Geologic Report could allow for Page 3 future encroachment along the bluff face that could be inconsistent with the certified LCP if allowed to be recognized at this lower elevation. Unpermitted Development The existing residence was built in 1959, with private stair access to the beach and a rip rap revetment along the rear property line established prior to the Coastal Act. In 1978 (under permit #F7529) seven properties along Tiena Del Oro (including the subject property), received Coastal Commission approval to repair and upgrade the existing revetment, due to erosional impacts at the time. When the revetment was repaired, the portion of the pre-coastal stairway on the property that was located within the footprint of the revetment was removed. However, several years later, a new private stairway was constracted through the revetment on the subject property to access the beach, without any local or Commission approval. The City's recent review of the subject site did not address the potential violation of the revetment stairway which accesses the beach, and instead remained silent on the existence of the unpermitted stairway within the revetment. Any redevelopment should address unpermitted development existing on the subject site in order to bring those items into conformance with the certified LCP. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMIVIISSION San Diego Coast District Office 7575 Metropolitan Drive, Suite 103 San Diego, California 92108-4402 (619) 767-2370 FAX (619) 767-2384 WWW.C0ASTAL.CA.GOV NOTIFICATION OF APPEAL PERIOD DATE: June 16,2015 TO: Jason Goff, City of Carlsbad, Planning Division FROM: Rick Casswell, California Coastal Commission, San Diego RE: Application No. 6-CII-15-0539 Please be advised that on June 11, 2015, our office received notice of local action on the coastal development permit described below: Local Permit #: CDP 15-13 Applicant(s): Island Architects, Attn: Carson Nolan Description: Construction of 537 square foot second-dwelling unit, to be attached to the main residence. Location: 5039 Tierra Del Oro (APN(s) 210-020-08) Unless an appeal is filed with the Coastal Commission, the action will become final at the end ofthe Commission appeal period. The appeal period will end at 5:00 PM on June 25, 2015. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above, cc: Carson Nolan CALIFORNIA COASTAL COMMISSION FILE CACity of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION June 9, 2015 Carson Nolan island Architects 7626 Herschel Avenue La Jolla, CA 92037 RE: CDP 15-13 - TIERRA DEL ORO RESIDENCE The City has completed a review ofthe application for a Minor Coastal Development Permit (CDP 15-13) to allow for an attached 537 square foot second dwelling unit within an 8,845 square foot single-family residence (CDP 14-05/AV 15-04) located at 5039 Tierra Del Oro within the Mello 11 Segment ofthe City's Coastal Zone and Local Facilities Management Zone 3. It is the City Planner's determination that Minor CDP 15-13 - TIERRA DEL ORO RESIDENCE, is consistent with the city's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable city ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the 0.61 acre project site is designated for residential uses, and the attached second dwelling unit is being proposed within and developed together as a part of a new single-family residence (CDP 14-05/AV 15-04), the construction of which, does not obstruct views of the coastline as seen from public lands or the public right-of-way or otherwise damage the visual beauty of the coastal zone; no agricultural activities, geological instability or coastal access opportunities exist on the previously graded and developed site; and no sensitive biological resources exist on site. 4. The proposal is in conformity with the public access and recreation policies of Chapter 3 ofthe Coastal Act in that while the property is located adjacent to the shore, the attached second dwelling unit will not interfere with the public's right to physical access as there are existing vertical shoreline public access points in close proximity of the project site located to the north along Carlsbad Boulevard across from the Encina Power Plant, and to the south along Carisbad Boulevard near Cerezo Drive; nor will it deny the public access to the beach in that the primary dwelling (CDP 14- Community & Economic Development Planning Division 11635 Faraday Avenue Carisbad, CA 92008-7314 (760-602-46601 760-602-8560 f | www.carlsbadca.gov CDP 15-13-TIERRA DEL June 9, 2015 Page 2 05/AV 15-04), for which this project is a part, is conditioned to dedicate a lateral public access easement with a minimum width of 25 feet of dry sandy beach at all times of the year to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. 5. The project is consistent with the provisions ofthe Coastal Resource Protection Overiay Zone (Chapter 21.203 ofthe Zoning Ordinance) in that the attached second dwelling unit is being proposed within and developed together as a part of a new single-family residence (CDP 14-05/AV 15-04), the construction of which, will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No development occurs within areas of natural steep slopes (^25%); no native vegetation is located on the subject property; and no development occurs within the 100 year flood plain. A geotechnical analysis prepared for the project indicates that the site is not located in an area prone to landslides or slope instability; and seismic hazards, such as risk of liquefaction, tsunami and seiche, is considered low. 6. The project is consistent with the provisions of the Coastal Shoreline Development Overiay Zone (Chapter 21.204 ofthe Zoning Ordinance) in that the proposed attached second dwelling unit is being developed within and together as a part of a new single-family residence (CDP 14-04/AV 15-04); the construction of which, a) does not interfere with the public's right to physical access as there are existing vertical shoreline public access points in close proximity of the property located to the north along Carlsbad Boulevard across from the Encina Power Plant, and to the south along Carlsbad Boulevard near Cerezo Drive; b) the proposal does not deny the public access to the beach in that the primary dwelling has been conditioned to dedicate a lateral public access easement with a minimum width of 25 feet of dry sandy beach at all times of the year to the California Coastal Commission or their designee as agreed to with the California Coastal Commission; c) a geotechnical analysis for the primary dwelling concluded that the proposed development will have no adverse effect on the stability of the coastai bluff and that the site is suitable for the proposed development; d) the proposed structure adheres to the coastal "stringline" setback requirements; e) the project proposes an attractive architectural design that is well articulated and consistent with other adjacent homes within the neighborhood; and with exception to the southwest corner of the existing guest house structure, which is proposed to remain and the subject of a minor variance, all new additions comply with the applicable side yard setback requirements, and to the extent feasible along the north elevation, will continue to preserve existing ocean views from the public street. Decorative iron type view fencing with a ^50% open design replaces an existing iron view fence with wide iron slats and a solid stone wall, thus increasing ocean views from the public street; f) the proposed structure, to the extent feasible, retains the natural features and topography of the site, and all new habitable living area is stepping further back from the ocean in comparison to the existing residential footprint (i.e., the proposed basement footprint moves eastward approximately 21 feet while the main level moves approximately 12 feet); g) the improved site has been previously graded to accommodate the existing single-family residence, basement and detached accessory garage/guest house, and only minor grading for the proposed structure (i.e., basement swimming pool improvements) are proposed; and h) the proposed landscape has been designed to use an efficient irrigation system and eliminate dry weather flow. D^l CDP 15-13 - TIERRA DEL ORO RESIDENCE June 9, 2015 Page 3 7. That the request for a minor coastal development permit was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. 8. The City Planner has determined that the project belongs to a class of projects that the State Secretaty for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15303(a) of the State CEQA Guidelines. More specifically, CEQA Section 15303(a) - New Construction or Conversion of Small Structures, is a Class 3 exemption that includes the construction of a second dwelling unit in a residential zone. Consistent with the section, the project is proposing to construct an attached 537 square foot second dwelling unit within a new single-family residence on a residentially zoned property. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 ofthe State CEQA Guidelines do not apply to this project. 9. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 15-13, for the project entitled TIERRA DEL ORO RESIDENCE (Exhibits "A" - "II"), dated May 20, 2015, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. This approval is granted subject to the approval of Coastal Development Permit CDP 14-05/AV 15-04 and is subject to all conditions contained in Planning Commission Resolutions No. 7101 for those other approvals incorporated herein by reference. 3. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition ali certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Coastai Development Permit. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessaty to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 5. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. CDP 15-13 - TIERRA DEL OROT^ESIDENCE June 9, 2015 Page 4 6. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carisbad School District that this project has satisfied its obligation to provide school facilities. 10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 11. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction to be filed in the office ofthe County Recorder, subject to the satisfaction ofthe City Planner, notifying all interested parties and successors in interest that the City of Carisbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the properfy description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. In addition to the above, the notice of restriction shall restrict the property as follows: a. The property owner{s) shall reside in either the main dwelling unit or the second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit; and b. The obligations and restrictions imposed on the SECOND DWELLING UNIT are binding on all present or future interest holders or estate holders ofthe property. (^S CDP 15-13 - TIERRA DEL ORO RESIDENCE June 9, 2015 Page 5 12. The property owner(s) shall reside in either the main dwelling unit or the second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit. 13. The obligations and restrictions imposed on the second dwelling unit per Chapter 21.10.030 of the Carisbad Municipal Code are binding on all present and future property owners. 14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 15. 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. 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. tci^; CDP 15-13 - TIERRA DEL OROTTESIDENCE June 9, 2015 Page 6 NOTICE This decision may be appealed by you or any member ofthe public to the Planning Commission within ten (10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00 (plus noticing fees). The filing of such appeal within such time limit shall stay the effective date of the order of the Cify Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Jason Goff at (760) 602-4643. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carisbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD DON NEU, AlCP City Planner CD:JG:fn Steve Bobbett, Project Engineer File Copy Data Entty California Coastal Commission (NoFA) STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY AJN( EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION San Diego Coast District Office 7575 Metropolitan Drive, Suite 103 San Diego, California 92108-4402 (619) 767-2370 FAX (619) 767-2384 WWW.C0ASTAL.CA.GOV NOTIFICATION OF APPEAL PERIOD DATE: June 05, 2015 TO: Jason Goff, City of Carlsbad, Planning Division FROM: Rick Casswell, California Coastal Commission, San Diego RE: Application No. 6-CII-15-0508 Please be advised that on June 4, 2015, our office received notice of local action on the coastal development permit described below: Local Permit #: CDP 14-05 Applicant(s): Island Architects, Attn: Carson Nolan Description: Demolition of an existing 3,056 square foot single-story single-family residence with basement, partial demolition of existing detached 528 square foot two-car garage with 432 square foot guest house; remodel, expansion and attachment of existing two-car garage and guest house to a new two-story 8,845 square foot single-family residence with basement and new pool. Location: 5039 Tierra Del Oro (APN(s) 210-020-08) Unless an appeal is filed with the Coastal Commission, the action will become final at the end of the Commission appeal period. The appeal period will end at 5:00 PM on June 18, 2015. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. cc: Carson Nolan CALIFORNIA COASTAL COMMISSION Ccityof Carlsbad June 4, 2015 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: NOTICE OF RESTRICTION - CDP 14-05/AV 15-04 - TIERRA DEL ORO RESIDENCE Dear Applicant: Please find the enclosed document that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CDP 14-05/AV 15-04. Please ensure the following items are addressed prior to returning to the city: ^ Correct Notaty Acknowledgement Required (Effective Januarv 1. 2008. all Certificates of Acknowledgement used by a California notarv 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 Notaty 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 ofthe signature page. ^ Please do not fold documents. ^ Return original signed and notarized documents. It is our goal to assist you in getting the document 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. Sincerely, JASON GOFF ' Associate Planner c: Michele Masterson, CED Senior Management Analyst File Copy Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f | www.carlsbadca.gov Ccityof Carlsbad PLANNING COMMISSION NOTiCE OF DECISION May It 2015 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: CDP 14-05/AV 15-04 - TIERRA DEL ORO RESIDENCE At the May 20, 2015 Planning Commission meeting, your application was considered. The Commission voted 6-0-1 (Siekmann absent) 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 iason.goff@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:JG:bd c: Matthew A. Peterson, Peterson & Price, 530 B Street, Suite 1800 San Diego, CA 92101-4476 Data Entry File enc: Planning Commission Resolution No. 7101 Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601 760-602-8560 f | www.carlsbadca.gov _ lify^f Carlsbad April 28, 2015 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: CDP 14-05/V 14-04 - TIERRA DEL ORO RESIDENCE The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, May 6, 2015. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on May 11, 2015. A twenty (20) minute appointment has been set aside for you at 9:00. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Jason Goff at (760) 602- 4643 or at iason.goff@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:JG:bd c: Matthew A. Peterson, Peterson & Price, 530 B Street, Suite 1800 San Diego, CA 92101-4476 File Copy Steve Bobbett, Project Engineer Data Entry Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601760-602-8560 f | www.carlsbadca.gov ISLAND ARCHITECTS April 3, 2015 Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 To whom it may concern, I, Carson Nolan, applicant for Variance (V 14-04) wish to withdraw the application. Under the advisement of City of Carlsbad Planning Division the Variance is no longer required and proposed construction will be included within the Administrative Variance application. I request all fees associated with V 14-04 be refunded to: Payee: Tierra Del Oro, LLC Address: Tierra Del Oro, LLC. PO Box 906 Rancho Santa Fe, CA 92067 Free to contact me if you have any questions. Thanks, CL /X RECEIVED Carson Nolan APR ^ ^ 20^^ (858) 459-9291 QP CARLSBAD 7627 Herschel Ave. Cn Y .yjgjoN La Jolla, CA 92037 PLANNING DlVl^ 858 459 9291 • 858.456 0351 • www isiannafch com VICARLSBAD r IL t Community & Economic Development www.carlsbadca.gov March 20, 2015 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: CDP 14-05/V 14-04 - TIERRA DEL ORO RESIDENCE Your application has been tentatively scheduled for a hearing by the Planning Commission on May 20, 2015. However, for this to occur, you must submit the additional items listed below. If the required items are not received by April 20, 2015, 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. 1. Please submit the following plans: A) 11 copies of your full plan set (i.e., site plans, civil plans, landscape plans, building elevation plans, floor plans, etc.) on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One SYi" x 11" copy and a PDF version of your reduced plan set (i.e., site plans, civil plans, landscape plans, building elevation plans, floor plans, etc.). These copies must be of a quality which is photographically reproducible. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners, including all forms of interval ownership, within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls; and B) 100' Occupant List - a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. Planning Division 1635 Faraday Avenue, Carlsbacl, CA 92008-7314 T 760-602-4600 F 760-602-8559 © 14-04-TIERRA 15 LORO RESIDENCE C) Mailing Labels - If the number of owners within the 600 foot radius is 1,000 or greater, a display advertisement in two papers of general circulation will be placed in lieu of direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit two (2) separate sets of mailing labels of the property owners within a 600 foot radius and occupants within a 100 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Labels should be prepared in ALL CAPS using block or sans serif typeface. A sample label is as follows; ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale ofthe map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. In the case of ownership list that is 1,000 or greater, the fee is equal to the current cost of publishing an 1/8 page ad in two newspapers of general circulation. Cash, check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, j JASON GOFF Associate Planner JG;fn Attachment c: File V (CARLSBAD rlLC Community & Economic Development www.carlsbadca.gov March 5, 2015 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: CDP 14-05/V 14-04 - TIERRA DEL ORO RESIDENCE Dear Mr. Nolan, The City has completed its review of the Tierra Del Oro Residence project, which was most recently submitted on February 12, 2015. No further issues were raised during this review period. Staff will proceed in scheduling the project for the next available public hearing. A letter will follow announcing a tentative hearing date and also requesting final exhibits and a public noticing package. Please contact me at (760) 602-4643, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, JASON GOFF Associate Planner JG;fn c: Tierra Del Oro, LLC, P.O. Box 906, Rancho Santa Fe Road, CA 92067 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Jason Goff From: Sent: To: Subject: Attachments: Carson Nolan <cnolan@islandarch.com> Thursday, February 12, 2015 11:56 AM Jason Goff Tierra Del Oro (CDP 14-05) Justification for Variance.pdf Jason, Thanks for taking the time to discuss the loose ends ofthe project. I have attached the Justification for Variance. We would also like to formally request a one-time 90 day application extension. Please let me know about 2 weeks in advance of when you would like a site visit. We will be happy to get you into the property. Thanks, ISLAND 7S26 tescJieJ Ave P:85845S-5291 ARCHITECTS La Jola, CA. 92037 F:85&456-035t Direct Line: 858-869-2863 cnolan(a!islandarch.com I www.islanclarch.com Email MAIL CONFIDENTIALITY NOTICE: This electronic transmission contains confidential and privileged information from Island Architects, Inc. If you receive this message or any of its attachments in error, please return this transmission to the sender immediately and delete this message from your mailbox. Thank you. i^^'r^?'^ FILE V CARLSBAD Community & Economic Development www.carlsbadca.gov February 11, 2015 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: CDP 14-05/V 14-04 - TIERRA DEL ORO RESIDENCE - CAUFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABIUTY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: 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 CEQA Categorical Exemption for New Construction - Section 15303(a) as it relates to CDP 14-05; and Minor Alterations in Land Use Limitation - Section 15305(a) as it relates to V 14-04. 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 tiling 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 (1) week prior to the Planning Commission hearing date. Target Decision 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 March 18,2015. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by February 5, 2015. 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 iason.goff@carlsbadca.Kov. Sincerely, QL'A/I DON NEU, AlCP City Planner DN:JG:fn c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Michele IVIasterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad. CA 92008-7314 T 760-602-4600 F 760-602-8559 Jason Goff From: Jason Goff Sent: Wednesday January 07, 2015 10:40 AM To: 'Carson Nolan' Subject: RE: CDP 14-05 Tierra Dei Oro Carson, I met with both the City Planner and the Principal Planner from current planning this morning and we decided after looking at the rest ofthe neighborhood we could support the wall as part ofthe variance application that is under consideration. Therefore, you can disregard Issue Item No. 3 from our complete letter dated December 18, 2014. However, please note that one observation we noted during our discussion was that the height of this screen wall is inconsistent between the elevation plans shown on Sheet A4.1 and the preliminary grading plan shown on Sheet C.2. Sheet C.2 calls out a 6 ft. tall wall, while Sheet A4.1 calls out a 10 ft. tall wall. I would like to call you later today to discuss some design options that we would like you to consider as a way of possibly enhancing the visual effect of this areas from the street view. Sincerely, Jason ^ City of Carlsbad Jason Goff Associate Planner Community & Economic Development Department Planning Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov 760-602-46431 760-602-8559 fax | Jason.Goff@carlsbadca.gov Facebook | Twitter | You Tube | Flickr | Pinterest | Enews From: Carson Nolan [mailto;cnolan@islandarch.com] Sent: Tuesday, December 23, 2014 11:37 AM To: Jason Goff Cc: Matthew A. Peterson <map@petersonprice.com> (map@petersonprice.com); Tony Crisafi Subject: CDP 14-05 Tierra Del Oro Jason, I hope you had a happy holiday. We are pleased with the short list of comments from the latest submittal. We would like to have a meeting on planning comment #3 regarding our proposed existing wall replacement. Do you have any availability when you return Monday 1/5 or Tuesday 1/6? Thanks, ^cMsBAD flLE COPY Community & Economic Development www.carlsbadca.gov December 18, 2014 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: 3RD REVIEW FOR CDP 14-05/V 14-04 - TIERRA DEL ORO RESIDENCE Dear Mr. Nolan, The items requested from you earlier to make your Coastal Development Permit and Variance, applications no. CDP 14-05 and V 14-04 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 forthe application. At this time, the City asks that you provide three (3) complete sets ofthe revised plans plus one (1) extra set of landscape plans so that the project can continue to be reviewed. The Citv will complete the review of vour 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: Steve Bobbett, Associate Engineer, at (760) 602-2747 • PELA: Michael Elliott, Landscape Architect, at (760) 944-8463 • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661 Sincerely, CHRIS DeCERBO Principal Planner CD:JG:fn Attachnnents MELA Redlines (Full Landscape Plan Set) c: Tierra Del Oro, LLC, P.O. Box 906, Rancho Santa Fe, CA 92067 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CpP 14-P5/V 14-04 - TIERRA^L ORO RESIDENCE ^ December 18, 2014 Page'2 • ' ISSUES OF CONCERN Planning: 1. Please include the Variance file number (i.e., V 14-04) in the upper right hand corner of all sheets. 2. On Sheet T.l (Development Summary, No. 6 - Yards/Setbacks), please include the proposed setbacks for the 8'-9%" front yard and 4'-4%" side yard of the existing garage, which are both subject to Variance No. V 14-04. Place a double asterisk (**) next to each ofthe proposed setbacks and add a note below the other (*) indicating that they are subject to approval of Variance No. V 14-04. 3. Walls located in the front yard setback shall not exceed 42 inches. Please reduce the height ofthe front entry wall and iron fence with gate to comply with this requirement or pull both structures back to meet the required 20 ft. setback. 4. Please add the pool level elevation to Sheet A5.1 consistent with the proposed depths. 5. Please revise the Pool Section Detail No. 10 on Sheet 19 to match the design shown on the grading plans and site plan. MELA: Please note that the numbers listed below have been referenced on the red line plans where appropriate for ease of locating the specific area of the comment concern. Please revise accordingly REPEAT COMMENTS 1. Please show and label the SDG&E easement on all plan sheets. 2"'' Review: Please show and label all easements on the plans. Relocate proposed trees outside of the easements unless otherwise approved by the utility purveyor (provide documentation of approvals). 2-4. Completed. 5. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed. NEW COMMENTS lA. The surface area of a water feature, including swimming pools, shall be included in a high water use hydrozone. Please include the fountain in the water use calculations. Engineering: 1. No comments. Fire: 1. No comments. ISLAND ARCHITECTS November 18, 2014 Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 To whom it may concern, I, Carson Nolan, applicant for Non-Conforming Construction Permit (NCP 14-05) wish to withdraw the application. Under the advisement of City of Carlsbad Planning Division the Non-Conforming Permit is no longer required and proposed construction will be included within the Variance application. I request all fees associated with NCP 14-05 be refunded to: Payee: Tierra Del Oro, LLC Address: Tierra Del Oro, LLC. PO Box 906 Rancho Santa Fe, CA 92067 Free to let me know if you have any questions. Thanks, Carson Nolan (858) 459-9291 7627 Herschel Ave. La Jolla, CA 92037 858,459 9291 •858 456 0:i5t www.islandarch com <A c. j,or • ^ FILE copy ^ CARLSBAD Community & Economic Development www.carlsbadca.gov September 3, 2013 Carson Nolan Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: 2nd REVIEW FOR CDP 14-05/NCP 14-05 - TIERRA DEL ORO RESIDENCE Dear Mr. Nolan, All of the items requested of you earlier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. Please prepare and include with your re-submittal: 1) a copy of this list; 2) a detailed letter summarizing how all identified incomplete items have been addressed; and 3) five (5) sets of revised plans plus one (1) extra set of landscape 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, August 4, 2014, 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 ofthe 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; Steve Bobbett, Associate Engineer, at (760) 602-2747 • PELA: Michael Elliott, Landscape Architect, at (760) 944-8463 • Fire Department; Greg Ryan, Fire Inspections, at (760) 602-4661 Sincerely, CHRIS DeCERBO Principal Planner CD:JG;fn Attachments: 1. Aerial photos (3 sheets) 2. Basement exhibit (1 sheet) 3. Slope Mapping (1 sheet) 4. Lateral Beach Access Easement (File No. 79-049669, January 31,1979 - 3 pages) 5. Planning Redlines (Full Plan Set) 6. PELA Redlines (Full Landscape Plan Set) c: Tierra Del Oro, LLC, P.O. Box 906, Rancho Santa Fe Road, Encinitas, CA 92067 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 0aN(l>il4i05 - TIERRTDEL ORO RESIDENCE be Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPUCATION Planning: 1. Stringline. New development fronting the ocean must observe at a minimum, an ocean setback based on a "stringline" method of measurement as outlined in the Coastal Shoreline Development Overlay Zone C.M.C. Section 21.204.050(B). Continued project review is critically dependent upon a complete and accurate stringline exhibit. The stringline method of measurement requires that no enclosed portions of a structure be permitted further seaward than those allowed by a line drawn between the adjacent structure to the north and to the south; and that no decks or other appurtenances be permitted further seaward than those allowed by a line drawn between those on the adjacent lots to the north and to the south. What is shown on Sheet Al.O does not specifically address these two areas. Each new structural item proposed (i.e., the new roof that is overhanging the existing deck, the 6 ft. high safety fence and gate, pool equipment and associated retaining walls, etc.) must all be setback according to each respective stringline. Because this measurement is based on the location of adjacent homes, decks and appurtenances to the north and south of the subject property, you will need to plot those particular lots, their building footprints and associated appurtenances on the revised site plan, or separate stringline exhibit, so that it can be determined if these new features are consistent with the provisions ofthe Coastal Shoreline Development Overiay Zone. Please note that for the various appurtenances, the stringline needs to be measured from like-to-like permitted structures. 2. Please plot corresponding stringlines on the preliminary grading plan, site plan, basement level demo plan, main level demo plan, main level floor plan, proposed basement level floor plan, and roof plan (Sheets C.2, Al.O, A2.0a, A2.1, A2.2, A2.3 and A2.4). 3. Please provide a slope analysis/mapping exhibit for 25% and greater natural slopes subject to Section 21.203.040 ofthe Carlsbad Municipal Code. 4. Please provide an addendum to the geotechnical report that addresses the effect of the project on the stability of the bluff. Please see C.M.C. Sections 21.204.110 for a complete listing of all requirements that a Geotechnical Report is required to contain when located within the Coastal Shoreline Development Overiay. If a pool is still proposed in the next submittal, please be sure to include in the report the construction of a new swimming pool near the top of the bluff and any other associated minor grading work that is being proposed. 5. Indicate top and bottom elevations for all fences and retaining walls. Show these elevations at each end ofthe wall and in the middle. Also show the worst condition elevation. A split wall is proposed along the west side of pool which is not described. Pool equipment walls need further description. Also, how is the sand pit over a 25% to 40% slope area being created without any retaining walls? Please note that staff does not support the grading of this slope (see below). CDP 14-05/NCP 14-05 - TIERRXDEL ORO RESIDENCE September 3, 2014 Page 3 ISSUES OF CONCERN Planning: 1. The main house is exceeding the allowed building height. Pursuant to C.M.C. Section 21.10.050, "in the R-l zone no building shall exceed a height of thirty feet and two stories if a minimum roof pitch of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof pitch is provided for lots under twenty thousand square feet. Single-family residences on lots with a lot area of twenty thousand square feet or greater and within a R-l zone and specifying a -20 or greater area zoning symbol shall not exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided." Please note that the second part of this regulation applies to only those lots having 1) a lot area of twenty thousand square feet or greater and 2) within a R-l zone and specif/ing a -20 or greater area zoning symbol (i.e., R-1-20,000). This site is zoned R-l, not R-1-20; and therefore, is unable to use this 35 ft. three-story height provision. 2. The proposed structures do not comply with the definition of building height as defined in C.M.C. Section 21.04.065 especially as it relates to dealing with the warped plane on the main house along the north elevation, and also a portion of the garage/guest house (west elevation) that is approximately 16 ft. in height where a 14 ft. maximum height is allowed with a 3:12 roof pitch. Please revise all plans to comply. 3. The stringline setback for the enclosed portions of the main house as it relates to both the proposed main and upper levels appear to be inaccurately illustrated. This stringline needs to be measured from the enclosed portions ofthe structure on the property to the north to the enclosed portion of the structure on the property to the south. The enclosed portions ofthe home to the north appears to be setback further than what is shown on these plans (see attached aerial photo). These plans need to show a stringline that distinguishes between the 2"'' floor balcony and roof line, which both extend beyond the endosed portions of this home. Conversely, for the home to the south; the plans need to show a stringline that distinguishes between the enclosed portions of this home and the roof line that appears to extend beyond. There does not appear to be a stringline available to support the full extent of the proposed roof overhang that is extending out over the existing main level deck. This overhang would need to be redesigned to match a stringline drawn between the roof lines ofthe homes to the north and south. The proposed 6 ft. high safety fence and gate needs to be relocated such that it is behind a stringline extending from the existing cyclone fence to the north and south, while also remaining outside of the bluff edge. Please add this stringline to all relevant plans. Please note there appears to be no permit history for the decks to the north and south that is establishing the "Patio & Pool Stringline Setback", please remove this stringline from the plans. There does not appear to be a deck stringline that would allow for the 120 sq. ft. addition to the southwest corner ofthe "existing main level deck". Please remove. \9D CDP 14-05/NCP 14-05 - TIERRXDEL ORO RESIDENCE September 3, 2014 Page 4 4. The proposed basement level does not meet the definition of a basement as defined below and therefore would be considered another floor thus creating a three-story single-family home where a maximum of two-stories is allowed per the R-l zone. Pursuant to C.M.C. Section 21.04.045, a "basement means that portion of a building between floor and ceiling which is completely or partially below the existing grade or finished grade, whichever is lower, but so located that the vertical distance from exterior grade to the adjacent interior floor below is greater than the vertical distance from exterior grade to the adjacent interior ceiling above. This definition must apply to a minimum of seventy-five percent of the perimeter of the basement for that portion of a building to qualify as a basement." Attached is a reduced copy of Sheet A2.1 marked up to show what staff has determined to qualify as basement (see "pink" highlight) and that which does not (see "blue" highlight). The total lineal distance of this area scaled to approximately 247 lineal ft. 75% of 247 ft. = 185.25 ft. The "pink" highlighted area equated to approximately 146.5 lineal ft.; thus, falling short ofthe 75% threshold. 5. With your next submittal, please include as part of the Basement Level plans (i.e.. Sheet A2.1), or as an entirely separate exhibit, documentation showing how the proposed basement expansion complies with the "Basement" definition discussed above. 6. Staff does not support further encroachment of the yard area west of the existing rear yard patio improvements. The proposed pool, sand pit and terraced patio areas appear to grade into slope areas ranging from 25% to 40% slope inclinations; and some areas that are exceeding 40% (see attached). Please revise plans to avoid impacts to these slope areas. 7. Please include cross sections through the site and proposed structures. If a pool is still proposed with the next submittal, please be sure to include cross sections running through the pool. 8. Pursuant to C.M.C. Section 21.48.050.C.2.C. the area of the "garage/guest house" expansion shall comply with all current development standards including, but not limited to, setbacks, lot coverage and height limitations. The existing garage/guesthouse, which is considered a nonconforming structure by reason of substandard yards, is approximately ll'-O" tall above the existing finished grade. The project is proposing to install an entirely new roof with various roof pitches ranging from 2:12 to 6:12, which appears to increase the height of the existing garage to approximately 14 ft. at the roof peak. It's not clear from the plans whether or not the area of the garage/guest house that is currently sitting within the front and side yard setback is increasing in height. Please be advised of this requirement for nonconforming structures and revise the plans to comply. In addition, please provide additional plans and elevations to illustrate and describe the existing conditions of this structure for purposes of comparison. 9. In the upper right-hand corner of all sheets encompassing the project plan set, please label the project file #s. The project file #s associated with this project are CDP 14-05/NCP 14-05. Please update all sheets. 10. Please coordinate the building height of the detached garage/guest house on the Elevation Plans and also the Roof Plans. The roof plan (Sheet A2.4) labels the elevation height at the roof peak as AS'-IV/A" whereas the elevation plans (Sheet A4.0) labels the elevation height at the roof peak as 50'-3". CDP 14-05/NCP 14-05-TIERRTTDEL ORO RESIDENCE September 3, 2014 Page 5 11. Please label the building height of the garage/guest house elevations on Sheet A4.0 in accordance with building height definition as defined in C.M.C. Section 21.04.065. 12. Please identify and plot the location ofthe mean high tide line. 13. Please plot the limits of the lateral beach access easement that was previously approved on this property by the Coastal Commission on January 31,1979 under file no. 79-049669 (see attached). 14. On Sheet A2.0e, please revise the "Existing Basement Level" fioor plans to show the existing yard instead ofthe proposed improvements (this is confusing). 15. On Sheet A2.0e, please revise the "Existing Main Level" floor plan to show the narrow deck area that exists off of the Master Bedroom and show the roof structure that covers the existing barbeque area within the existing enclosed terrace. 16. On Sheet A2.0, please outline and label the 20 ft. x 20 ft. minimum interior garage dimension within the proposed "Garage Level" floor plan. 17. The project proposes a "wet bar" as shown on the "Basement Level" floor plan and therefore must comply with the requirements/restrictions listed in C.M.C. Section 21.04.378.1 (definition of a wet bar). As proposed, the wet bar area does not appear to comply with C.M.C. Section 21.04.378.1. Please provide the following information and/or make the following corrections on the plans so that the proposed wet bar complies with the City's definition; a. Make a note on the plans that no gas lines are provided and electrical wiring will not exceed 100 volts; b. Show the refrigerator not to exceed six cubic feet in capacity or rough-in space for a refrigerator not to exceed six cubic feet in capacity, (the typical dimensions of which are; 1. Depth of twenty-five inches; 2. Height of thirty-five inches; and 3. Width of twenty-five inches); c. Make a note on the plans that the waste line drain for the sink will not exceed 1 Yi inches in diameter, and show a sink or rough-in space for a sink not to exceed a depth of 18 inches or an overall size of two square feet; and d. Show proposed cabinetry and/or counter space not to exceed eight lineal feet. 18. Please revise landscape plans to address ocean views along the north side ofthe proposed residence pursuant to C.M.C. 21.204.100.C. This section requires that buildings, structures, and landscaping will be so located as to preserve to the degree feasible any ocean views as may be visible from the nearest public street. Any gates enclosing these areas should be designed and shown to allow visibility through the site and to ocean. 19. Please revise plans to address attached redline comments. Return all redlines with your next submittal for continued review. CDP 14-05/NCP 14-05 - TIERRA DEL ORO RESIDENCE September 3, 2014 Page 6 PELA (Landscape Consultant): Please note that numbers list below have been referenced on the red line plans where appropriate for ease of locating the area of the comment concern. Please revise accordingly 1. Please show and label the SDG&E easement on all plan sheets. 2. Please provide the full street name on all plan sheets. 3. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view of the project and shall clearly identify' the various areas of landscape maintenance responsibilities (private, common area/homeowners" association (HOA), City, etc). If all areas shown on the plans are to be maintained by the private property owner, a note indicating so will meet this requirement (i.e. all landscaped areas shown on the plans are to be maintained by the private property owner). 4. Please identify this symbol. 5. Please add the following notes to the plans and insure all requirements are met; Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more ofthe following planting standards: a. Standard #1 - Cover Crop/Reinforced Straw Matting Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shalt cover a minimum of seventy (70%) percent ofthe slope face (at mature size). d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes 6:1 or steeper and; a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. CDP 14-05/NCP 14-05 -TIER^DEL ORO RESIDENCE September 3, 2014 Page 7 c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more ofthe following conditions; a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 6. Please RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and water use plan) for the next submittal. 7. Please provide a written response to all comments clearly indicating where and how each comment has been addressed. Engineering: 1. No further issues. Fire: 1. Fire Department comments will follow under separate cover. ^ ^AAlV.o'i ^^CARLSBAD fILE COPY Community & Economic Development www.carlsbadca.gov May 1, 2014 Michelle Meade Island Architects 7626 Herschel Avenue La Jolla, CA 92037 SUBJECT: 1st REVIEW FOR CDP 14-05 - TIERRA OEL ORO RESIDENCE Dear Ms. Meade, This letter is considered to be supplemental to the March 26, 2014 letter of incompleteness that the Planning Division sent following our review of the February 26, 2014 submittal of the Tierra Del Oro Residence project. In that letter it was stated that the Fire Department comments would follow under separate cover. The Fire Department has since reviewed the initial submittal of this project and has provided their comments on the attached page(s). All issues will need to be resolved prior to formal submittal ofthe project. If you should have any questions or wish to set up a meeting to discuss your application, please contact me at (760) 602-4643. You may also contact Greg Ryan directly in the Fire Department at (760) 602- 4661. Sincerely, (^(•^^ JASON GOFF Associate Planner JG;fn Attachment(s): 1. Carlsbad Fire Department, Discretionary Review Checklist - April 30, 2014 c: Tierra Del Oro, LLC, P.O. Box 906, Rancho Santa Fe Road, CA 92067 Matt Peterson, Peterson & Price, 530 B Street, Suite 1800, San Diego, CA 92101 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy . Data.Eritry Planning Division 1635 Faraday Avenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® «V'cr^^/'^ • ^ QFILE V^CARLSBAD Community & Economic Development www.carlsbadca.gov March 26, 2014 Michelle Meade Island Architects 7626 Herschel Avenue La Jolla, CA 92037 Dear Ms. Meade SUBJECT: 1st REVIEW FOR CDP 14-05 - TIERRA DEL ORO RESIDENCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Coastal Development Permit, application no. CDP 14-05, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must 1)6 submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal; 1) a copy of these lists, 2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and 3) five (5) sets of revised plans, plus one (1) extra set of landscape 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 (6) months from the date the application was initially filed, February 26, 2014, 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: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:JG;sm Planning Division 1635 Faraday Avenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDPli*««!5 - TIERRA DEL O^RESIDENCE March 2$, 2014 Page 2 Attachments: 1. Development Permits Form P-2 2. Police Department Review Comments, March 19, 2014 3. Bluff Edge definition c; Tierra Del Oro, LLC, PO Box 906, Rancho Santa Fe, CA 92067 Matt Peterson, Peterson & Price, 530 B Street, Suite 1800, San Diego, CA 92101 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry CDP 14-05 - TIERRA DEL ORQRESIDENCE March 26, 2014 Page 3 UST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Land Use Review Appiication. Clarification is required regarding the ownership of this project as it relates to the application that was filed on February 26, 2014. The signature of ownership throughout the application is unreadable, and then within the Disclosure Statement Form P-l(A) Matt Peterson is signing as Agent on behalf ofthe property owner. Please clarify and supplement the application as follows: a. We need to know who the signature is that signed as owner. You mentioned in a telephone conversation that this person is the manager of another LLC who owns the Tierra Del Oro, LLC. If this is the case, we will need for you to please elaborate and furthermore clarify who this person is signing the documents. We will also need for you to provide us with recorded documentation from the LLC showing that this person is legally able to bind the LLC. This will become important later on as we move to record a Notice of Restriction on the property after the discretionary entitlement process has been completed. You can review the acknowledgment on page 2 of the application where this person signed consenting to the notice. b. As discussed above, Matt Peterson signed the Disclosure Statement as Agent on behalf of the property owner. Since he is acting as Agent in this case, we need authorization from the property owner naming him as agent. Depending on your response, we may need to correct some of the information listed within the application and various forms. 2. Proiect Description. Please provide a new Project Description Form P-l(B) that describes the full extent of development proposed by this project. Be sure to include the basement expansion. 3. Site Plan Information. Please update the Site Plan - Sheet Al.l to include all General Information -~ listed under the Section A.l on page 1 and 2 of Development Permits Form P-2 (see attached). 4. Building Coverage. Please include total building coverage within the Development Summary information table on Sheet T.l and the Site Plan on Sheet Al.l. Be sure to review the definition of Building Coverage within C.M.C. Section 21.04.061 for all structures that are required to be included in this calculation. 5. Stringline. New development fronting the ocean must observe at a minimum, an ocean setback based on a "stringline" method of measurement as outline in the Coastal Shoreline Development Overlay Zone C.M.C. Section 21.204.050(B). Continued project review is critically dependent upon a complete and accurate stringline exhibit. The stringline method of measurement requires that no enclosed portions of a structure be permitted further seaward than those allowed by a line drawn between the adjacent structure to the north and to the south. Sheet Al.l does not match this requirement, tt also requires that no decks or other appurtenances and structures be permitted further seaward than those altowed by a line drawn between those on the adjacent lots to the north and south. What is shown on Sheet Al.l does not address this either. Each new structural item proposed (i.e., pool and associated spillway, hardscape and retaining walls, 170 sq. ft. main level deck expansion, 6 ft. high safety fence, gate, enclosed storage area, etc.) must all be setback according to each respective stringline. Because this measurement is based on the location of the CDP 14-05 - TIERRA DEL ORORESIDENCE March 26, 2014 Page 4 ~ adjacent homes, decks, appurtenances and structures to the north and south of the subject property, you will need to plot those particular lots, their building footprints and associate appurtenances on the revised site plan, or separate stringline exhibit, so that it can be determined if these new features are consistent with the provisions of the Coastal Shoreline Development Overlay Zone. Please be aware that our review of aerial photos of existing homes located along this section of coastline (i.e., north and south of the subject property) do not appear to have the requisite stringlines to support many ofthe improvements proposed west ofthe existing residential structure. 6. Please plot the corresponding stringline on the preliminary grading plan, site plan, basement level demo plan, main level demo plan, main level floor plan, proposed basement level floor plan, and roof plan (Sheets C.2, Al.l, A2.1, A2.2, A2.3 and A2.4). 7. Non-Conforming Construction Permit (NCP). The project will require the Planning Commission's approval of a Non-Conforming Construction Permit (NCP) because the existing single-family residence is considered a nonconforming structure by reason of inadequate yards (i.e., rear yard); and the proposed expansion exceeds 640 square feet in area. The nonconformity listed above relates to the fact that the existing single-family home projects further seaward than an imaginary line drawn between the existing single-family homes on the adjacent lots to the north and south. "8^. Conceptual Landscape Plans. Projects within the Coastal Shoreline Development Overlay Zone must include conceptual landscape plans pursuant to C.M.C. Section 21.204.090(G). In addition to the general submittal requirements (see attached Development Permits, Form P-2), these plans should also include the location of game courts, swimming pools and other landscape or activity features. Please also be advised that the conceptual landscape plans need to demonstrate compliance with C.M.C Section 21.203.040.B.3 of the Coastal Resource Protection Overlay Zone, which requires detached residential homes to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow when located within 200 ft. of an ESA, including the Pacific Ocean, coastal bluff, or rocky intertidal areas. 9. 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. 10. Please plot the limits of the rip-rap revetment on all site plan exhibits, civil plans and the required conceptual landscape plans. ISSUES OF CONCERN Planning: 1. Please see the Engineering comment below regarding location of the "bluff edge" and revise plans accordingly. 2. In the upper right-hand corner of all sheets encompassing the project plan set, please label the project file #s. 3. Please add Approval Block No. 2 to the Architectural Site Plan. This can be found on the Planning Division's web page at the following address; http;//www.ca rlsbadca.gov/services/departments/planning/Documents/ApprovalBlocks.pdf RI^E CDP 14-05 - TIERRA DEL 0R(TRES1DENCE March 26, 2014 Page 5 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. 4. Please verify that all areas of expansion comply with current requirements and development standards. It is important to note that pursuant to C.M.C. Section 21.48.050.A.1., 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 C.M.C Section 21.48.060.C., 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.D.) 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. 5. On Sheet T.l please revise the foltowing: a. Ptease revise the Summary of Request and Scope of Work descriptions to show an accurate area calculation. These descriptions don't include the new basement expansion area. b. Include Lot Coverage. See list of incompleteness items above. c. Within the Development Summary section under Density, please revise to only show one (1) dwelling unit. The guesthouse doesn't qualify as a second dwelling unit and isn't counted towards density. d. Within the Development Summary section under Parking, please revise to only show 2 parking spaces required and provided. The guest house is not a second dwelling unit and does not require additional parking. e. The City of Carlsbad Zoning code does not use FAR. Please revise this sheet and any others throughout. f For the existing 962 square foot garage with guest house, please separate out the living area from the garage area in your floor area calculations. CDP 14-05 - TIERRA DEL ORXTREStDENCE March 26, 2014 Page 6 g. Please provide a clear table explaining existing, proposed, and total square footage. Include the main level deck areas. Include the garage area and guest house discussed above. The addition proposed in the basement counts towards gross floor area and needs to be included also. h. Verify existing square footage. This sheet shows existing main level as 2,119 sq. ft. whereas, Sheet A2.2 shows 2,128 sq. ft. Please revise to be consistent throughout. i. Under total addition, be sure to include the proposed basement addition. 6. On Sheet A.1.1 please revise the following: a. Label the site plan to show length of arc at front setback line consistent with our discussions on March 4, 2014. b. The stringline on this sheet is incorrectly labeled. Please see Incompleteness Items above and revise the stringline to comply. c. Show how the new basement area complies with stringline. d. The plotting of the 20'-0" front setback line doesn't accurately follow the property line at the ~~ northeast corner. Please revise. e. The required side yard setback for a 75 ft. wide lot is 7'-6" for both the north and south sides of the lot. The proposed main level floor plans are proposing a 2'-0" protrusion into the side yard setback at the Master Bedroom Bath. Pursuant to C.M.C. Section 21.10.070.A a side yard swap could be permitted that would allow for this protrusion; however the plans would need to be revised to show a minimum 5 ft. side yard setback required along the south property line and a minimum 10 ft. setback along the north property line. If you choose to proceed with the side yard swap, then please revise all plans to show the revised setback plotting including the title sheet development summary information. f. Dimension the setback at the protrusion discussed in the above. g. Dimension the setback of the existing garage and guesthouse. h. Label each of the hatched areas of the main level addition separately. Make sure their totals are consistent throughout. For example this sheet and the project description identify an expansion area 296 sq. ft., whereas other areas ofthe plans show 295 sq. ft. 7. On Sheet A2.0, for the proposed renovation to the garage/guesthouse, please provide on these floor plans a breakdown of the guest house living area, garage area, and total guest house/garage area. Do the same on the demo plan to show the existing floor area breakdown. 8. On Sheet A2.1, please label the floor area of the existing basement and main floor level. 9. On Sheet A2.3, please remove the "NOT COUNTED IN GFA" note next to the proposed addition floor area. Basement floor area is counted towards total GFA. 10. On Sheet A2.1, the northern wall of the basement is proposed to be demolished followed by an expansion of the basement floor area in the northerly direction and connecting to an existing retaining wall. Some of this area would represent an expansion of floor area within an area not R^E CDP 14-05 - TIERRA DEL 0R(TRES1DENCE March 26, 2014 Page 7 meeting stringline, which we cannot permit (See comments above regarding stringline and Nonconforming Construction Permit). Also, it doesn't appear that the remaining portions of this floor area is included within the basement floor area calculations or labeled on any ofthe other plans. Please revise. Engineering: J.. The location indicated as the bluff edge in the project soils report is not in conformance with the definition of a coastal buff edge (please see attached). Please revise the location of the indicated bluff edge to be in conformance with the definition and show the bluff edge in the appropriate geotechnical documents (geologic map and cross sections) and on the project's site plan. Building: No comments. Police: Please see the attached letter dated March 19, 2014 for crime prevention design recommendations. Fire: Fire Department comments will follow under sejDarate cover.