HomeMy WebLinkAboutMCUP 11-01A; SD06088A Las Flores; Conditional Use Permit (CUP) (2)«~ ~ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbad ca .gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
0 Administrative Permit
0 Coastal Development Permit(*) D Minor
~o~J,SJitional Use Permit (*)
0" Minor D Extension
0 Environmental Impact Assessment
0 Habitat Management Permit D Minor
0 Hillside Development Permit(*)
0 Planned Development Permit
D Residential D Non-Residential
0 Planned Industrial Permit
0 Planning Commission Determination
0 Site Development Plan
0 Special Use Permit
0 Tentative Tract Map
0 Variance D Administrative
(FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
Hc.u-r ,, .. o, t.A)
D General Plan Amendment
D Local Coastal Program Amendment (*)
D Master Plan
D Specific Plan
D Zone Change (*)
~dment
D Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative 0 Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).:
PROJECT NAME:
BRIEF LEGAL DESCRIPTION: All Of '/zAe WeBt ~If a£ 1ukluinwet.1. t¥uuftc. ~ "'~ 1\.})yfyJ ~ -&VaY :let:..tL'=&L (\j{}(tn ttued ffi ua,~ I..W/.. c.fl1p]4? ilJdJi,;(f 7iiMif IY}
L<tTf't ~~ I ()q t.1 /.tJ.qv rn lJn re Alnf qtt tatid:¥v:t {!iJ qxm tT ~T ADDRESS
ON THE: N ()( iv1 SIDE OF _La~O\~IW~~--=DY~I Y(_~;'==""=:==:-------
(NORTH, SOUTH, EAST, WEST) ~ (NAME OF STREET)
16 BElWEEN
(NAME OF STREET)
AND [MvtJ ~
P-1 Page 1 of6 Revised 06/12
•
CITY, STATE, ZIP: CITY, STATE, ZIP:
TELEPHONE: TELEPHONE:
EMAIL ADDRESS: EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. ~i:!![/OWL~ ~~u)l&:e fvi,DO ~ =-cDA=TE~---1{~T~ t-=&-1~-L~-1 a_
APPLICANT'S REPRESENTATIVE (Print):
MAILINGADDRESSo f!J'=·~~N
CITY, STATE, ZIP: 1) Jl
TELEPHONE ~~$";~1J6f{
EMAIL ADDRESS: R c=~ iTJYJth!wilJ. etJm
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CO RECT TO JHE ST OF MY KNOWLEDGE.
(
DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. lfWE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
DEC 0 7 201:!
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 06/12
•
LETTER OF AUTHORIZATION
October 15, 2012
TO: City of Carlsbad
1635 Faraday Avenue
Carlsbad, California
92008
•
RE: Letter of Authorization for Obtaining Land Use Entitlements
T-Mobile Site SD06008A Las Villas De Carlsbad
APN: 155-272-19
Las Villas De Carlsbad Operations, LLC owner of the property located atl 092 Laguna Drive,
Carlsbad, Ca 92008 (the "Subject Property"), hereby authorizes Mitchell J. Architecture, its
employees, agents, and contractors to file and complete any applications necessary to obtain
required land use entitlements on T-Mobile's behalf for the T-Mobile site located at the Subject
Property.
Regards,
By:
Name:
Title:
Date:
:1:. -r-~vV\.~
~~~ \~oc G\.\fe-~v
yl{ -r; [.2
........ ---------------j
;
L
II ll i ! i I li i i
! '
jl"
•.
.. a,~.· ~-= · .. ~~::::;__."
.. ORIGINAL COMM1JNICADQNS SllE LEASE AGREEMENT
TillS COMMUNICATIONS SITE LEASE AGREEMENT(" Agreement") is enrtred into Ibis . .
17thlay of Octobert99L between Pacific Bell Mobile Services, a California cotporation ("Lessee") and Yillal
Dt CArlsbad. Ltd. ("Lessor"la Cali [Ornja Limited PartneQbig.
.··· .... £"· .... · .. :...·.
The parties hereto agree as follows: : .. :·.·.:.' ... · .. ··
·1. Premjses. Subject to the following terms and conditions, Lessor teases 10 Lessee lbal portioa or
its property rlescribed in Exhibits "A", "B" & "C'' attached herelo.. including any applicable easements for access and
utilities (C<lllectively, lbe ~Premises"). . ·
2. Uz. The Premises may be used by Lessee for any lawful acuvity in connection with lhe .
provisions of mobile/wireless communications services. including without limitation, the ttansmission alld tbe
reception of radio communication signals on various frequencies and the C<l~tion, maintenance and operation of
related communications facilities. Lessor agrees to cooperate with Lessee, at Les~'s expense, ia making · · ' '
application for and obtaining all licenses, permits and any and a11 other necessary approvals !hat may be required for ·
Lessee's intended use of !he Premises. ·
3. Conditions Precedent· This lease is conditioned upon Lessee. or Lessee's assigns. receiving a ·'
license from tbe Federal Communications Commission ("Fq:'') and obtaining all governmental permits and
approvals enabling Lessee. odts assigns, to construct and operate mobile/wireless commlJJlications Cacililies where
the Premises are located. If by 1uly t, 19% Lessee or its assigns have not received sudl necessary licenses. permiiS
and approvals, this Agreement shall be null and void and of no force or eff'ea.
: .' .. : '.~: ...
4. Jmn. The term of this lease shall be (S) five years commencing with the issuan~ of a local
buildiug permit to constnictcommunications facilities on the Premises, or July 1, 1996, whi~vc:r is ta,lier · · ~ -:·"
("Commencement Date"). Lessee shall have the right to extend this lease for (5) five additional terms of (S) me
years each. The tf:rmS and conditions for .each renewal term shall be the same terms and conditions of this tease.·
except that Rent shall be increased as set forth hereinbelow. This lease shall automatically be rene\ved for each
successive renewal term unless Lessee notifies lessor in writing of Lessee's intention not to ren~ p;J.~ ~
thiny (~ ~?r ~ ~e expiration of lhe originaltenn or any renewal term. 4'/ ~ ~ '!1,000.~ Qi\e. -\~~ /
ft ~.ib)a) Upon the Commencement Date. Lessee shall pay Lessor, as rei11. the sum of. ~:!vee hundred lily
fl..,_ doUars (5359.99) ("Rent") per month •. Rent shall be payable on lhe lSI day of each month. ill advaDCe. to Lessor's 1'1''' address specified in Paragraph 17 below. . · ·
/ . (b) If !he Commencement Dale is o~ lhaD the ~day of a calendar month.~ may pay Oll.~ ···.·
first day of the term the prorated Rent for the remainder of the calendar month in which the term commences, and
thereafter Lessee shall pay a full month's Rent on the fii'St day or each calendar mondi, except lhat payment !hall bC ·. ·
prorated for the final fractional monlh of lhe term. or if !his lease is terminated before the expiration of any month _-,
for which Rent shOuld have been paid. · · · ·
31 .
c) Pwi11g ees)l AIRIW~ &eAII. Rent shall be increased~ above lhe Rent payable during the ~ous· ·
~-twelve (12} month period_each and every year of every term. · . ~ ·
6. Im~avernenrsAet;m during normal business hours (ex~cpt ~
. .. · · in the case of emergency) ·
(a) Lessee shall have the right (but nOt the obligation) at any timwollowing the full execution of this . .
Agreement and prior to me Commencement Date to enter me Premises for the purpose of making necessary ·
engineering surveys and inspections {and soil tests Where aPPlicable) and other reasonably ncc.essary tests (wresuj . . ·
and for the purpose or detennining lhe suitability of Lessee Facilities (as defined herein) for mobile/wireless
communications operations and preparing for the construction of $Ucb facilities. During any Tests or~
construction work, Lessee will have insurance as set forth in Section 12. and will notify Lessor of any proposed
Tests or prc-consuuction work and will coordin&le the scheduling of same with Lessor. Ii Lessee de lbe
:\'l.q{
oaaou.az
......... -------------.... -;:~:";
•
Premises are unsuitable· for Lessee's contemplated use. !hen Lessee will notify Landlord and chis Agreement wiU
renninate. ·
. (b) Lessee has the .right to erect. maintain and operate on the Premises radio communications
facilities. including but not limited 10 radio frequency transmitting and receiving equipment. batteries, utility lines,
transmission lines. radio frequency transmitting and receiving antennas and supporting structures and improve!J!ents
("Lessee Factlities"). In connection therewith, Lessee has the light to do all work necessary to prepare; add, maintain .
atid alter the Premises for Lessee's business operations and to install utility lines and tca,nsmiuion lines connecting
antennas 10 ltallsmiuers and receivers. All of Lessee's construction and inStallation work shall be performed at
Lessee's sole cost and expense and in a good and workmanlike manner. 1itle to the Lessee Facilities and any ·.
equipme.nt placed on the Premises by Lessee shall be held by Lessee. All of Lessee Facilities shall remain the . .
property of Lessee and are not fixtures. LesSee has the right to remove all Lessee Facilities at its sole expense oa or .
before the expiration or earlier termination of trus Agreement.
(c) Lessor shall provide to Lessee. Lessee's employees. agents and subcontractorS access to the .
Premises twenty-four (24) hours a day. seven (7) days a week, at no charge to Lessee. Lessor represents and wamnts
that it has full rights of ingress to and egress from the Premises. and hereby grants such rights to Lessee to rhe ·
exu:nt required to maintain, install and operate the Lessee Facilities on the Premises.
.. (d) Lessor shal) main rain all access roadways from the nearest public roadway to the Premises in a·
manner sufficient to allow access. Lessor shall be responsible for maintaining and repairing such roadway, at its
sole expense. except for any damage caused by lesSee's use or such roadways. If Lessee causes any such damage, it
sbaJl promptly repair same.
(e) Lessee shall have the right to insult utilities. at Lessee's expense, and to improve the present
utilities on or near the Premises (including, but not limited to the installation of emergency power generators).
Subject to Lessor's approval of !he location, which approval Shall not be llJll'eaSonably withheld. Lessee shall have
the right to place utilities on (or to bring utilities across) Lessor's properties in order to service the Premises and rhe
Lessee Facilities. Lessor shall execute easemenl(s) evi~cing this right upon Lessee'uequest. , , · ·
(f) Lessee shall fully and promptly pay for all utilities furnished to the Premises for its we
throughout lhe term hereof. and all other costs and expenses of every kind whatsoever in connection wilh Lessee's ·
use, operation and maintenance of the Premises and all activities conducted !hereon. ·
(g) Upon the expiration. cancellation or termination of this Agreement, Lessee shall surrender tbo
Premises to Landlord in good and broom clean condition, less ordinary wear and tear.
7. Jutt;rfqence. · Lessor shall not use. mor shall Lessor permit its tenants, licensees.' invitees or·
agents to use any portion of Lessor's properties in any way which interferes with the operations of Lessee. Such
intefferenee shall be deemed a material breach by Lessor, and Lessor shall have the.responsibility to terminate said
interference. lD the event any such interference does not cease promptly, the parties acknowledge that continuing
interference will cause irreparable injury to Lessee, and therefore Lessee shall have the right;,'i:'IHII~!iel~_,oetllt9f
Ji8ftti lllil it lilO\Y ba''* at law pr ill aq~o~i\)1, 101 ~ARS acaiQII LP all;join turob iRttr'"tAfil or to terminate the lease
'immediately upon notice to Lessor. Lessee acknowledges t~s~or h n leas s
place at time of execution of this Agreement •. · .
8. ~. Lessee shall pay personal property taxes against the acilities and lessor.
shall pay when due, all real propeny lllXCS and all other taxes fees and assessments auributable to the Premises and
this lease.
9, Termination. This Agreement may be terminated without further liability oo thirty (30} days
prior written notice as foUows: {i} by either party upon a default of any covenant or tam hereof by the other partY.
which default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Lessee for any re&SOD
or for no reason, provided Lessee delivers written notice of termination to Lessor prior ro the CommetlcemeDt Date;
(iii) by Lessee if it does not obtain or maintain licenses, permits or othet approvals n~ to the constructiOD or
operation of~ Facilities; or (iv) by Le.ssee if Lessee is unable to occupy and utiliu the Premises due to a. nillllg
.,_,,..,.,.FCCO<a""'s""""""""'"'"SUU""Yogency,-.butnat~<mof
OII01LI2 2 ~ 10/121'5
I
·.'
.•
· .. ·~.
channels or change in frequencies~ or ( v) by Lessee if~ determines that the Premises are not appropriate for its
operations for economic, environmental or redmological reasons. inctuding·wilhout Umitation. signal interference.
10. Destruction of Premises. If the Pieinises or !he Lessee FlCilities are destroyed or damaged so as
in Lessee's judgment to hinder the effective use of the Lessee Facilities. Lessee may elect to terminate this lease as
of the date of the damage or destruction by so notifying Lessor no more than 30 days following lhe date of damage or
destruction. In such event, all rights and obligations oflhe parties shall cease as ofthe ~IC of the damag~ or
destruc;tion.
11. Condemnation. If a condemniDg authority takes all of the Premises, or a portion which in
Lessee's opinion is sufficient to render the Premises unsuitable for the Lessee's use. then this lease shall rerminate
as of the date when possession 1.s delivered to the condeniniDg authority. The parties shall be entitled to share in the
condemnation proceeds in proportion to the values of their respective interests in the Premises (which for Lessee
shall include. !he va!ue of its Lessee FaciHties. moving expenses, prepaid rent. business diSlocation expenses and
bonils value of the lease). Sale of all or part of the Premises to a purchaser with !he power of eminent do~n in tbe
face of the exercise of !he power, shall be treared asa taking by condeDlllation.
12. Tnsucam:e.
(a) Lessee shall maintain the following insunnee: (l) Commercial General Uab!Uty with limits of
$5,000,000.00 per occurrence (2) Automobile Liability willJ a combined single limit of Sl.OOO.OOO.OO per accidellt
and (3) Worlcels Compensation as requited by law and Employers Uability with limits of $1,000,000.00 per
occum:nce.
. . ..
(b) Lessee and ~shall each maintain standard fonn pfOPCrtY insurance( .. All Risk" coverage) equal
10 90% of replacement cost covering their respective property. Lessee and Lessor waive any rights of R!CO'VUJ
against the othcf for injury or loss due to hazards covered by the above iliSUtance and shall require their insurance
policies to retlect the foregoing waiver of claims. Lessee shall name Lessor as an additional in~ with respect lO
the above Commercial General Liability insurance. Lessee shall have the right to self-insure with respect to auy of
the above insurance.
13. Assiemnent Lessee may assign this lease at any lime upon notice 10 Lessor •
14. D!le and Quiet Eaioyment. · ·· .. · ·, .. . . .... .-.
(a) Lessor warrants !hat it has full right, power, and authority to execute lliis lease; Lessor funher .
warrants lhal Lessee shall have quiet enjoyment of the Premise$ during the term or this lease or any renewal thereot
(b) LCssee has the rightiO obtain a title report or commitment for a leasehold title poli~y from ~ title:
. insur~ company of.its choice. If. in'the opinion of lessee. such title report shows any defects of tide or any /}\. . . ·
liens or encumbrances which may adversely affect lasce' s use or llle Premises. Lessee shall have the: right 10 •. /)A./ LU_ 11\) . terminate this lease immediately upon written notice to LesSor~ · . f.Y~ · ~ . 15. ~· LesSee shail not be required to make any repairs to !he Premises unless such repairs ~f' ~ · ·
be necessitated by reason of the default or neglect of Lessee. its asents. servants and employees as specified herein. • . • Exception: Lessee responsible. for any and .all roof repairs wtthin leased premises1o.f\!\.\f\(\
16. Envitonmenta!. I...essor represents that the Premises have not been used for the generation. ou.~ &ro.....N
storage, treatment or diSposal of hazardous substances or hazardous wasteS. In addition, Lessor represents that no 0..~~\t.
hazardous substances. hazardous wastes. pollutants. asbestos. polychlorinated biphenyl's (PCBs) peuoleum or othu +o t.esse.e,
fuels (including crude oil or any fraction or derivative thereoO or underground storage tanks are located on or about. t..f-s~~
the Premises. ~let'l1'illutilllllias oway eUiw pRi''i,iea ef ~' A !JfQ&AII!It, I tli&tl fQiiu wpea the repr.euat.a&iiRI &'1ted ~"'-\s · .
llw1ia as a. ma.11t=ia.l illllw~•-•u ~ eawt=iag iiiiB !Rii lta&e ~~ ~~~~5
· 17. Misce!laJICOU$. O~ 'P'"~'"-t~~.
(a) This Agreement cOnstituteS the entire Agreement and understanding between the panics. and
supe:sedes all offen. negotiations and other agreements coocemi.ng the subject matter co~n· . There are DO :t .
OIIOU.~ 3 10/UiJS
.~J;~~
'
.•
______________ ..........
' I I
I
'
· .. : ; -~."-. ~-
> .. :<~ ·.·-, ... .... ~ .: . :, __ -_._
·. . . . ... -~ . ----··-------
0
representations or understandings of any lcind not set forth herein. Any amendments to lhis A~ment must be in Writing and exeq.~ted by both parties.
.-'·.·-·--·.
(b) If any provision of the Agreement is invalid or unenforceaole With respect to any party,lhe .
remainder of this Agreement or the application of such provision to persons o!her .lhan those as to whom it is held
· invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enfOtCeable 10. the fuUest ClUent permitted by law.
(c) This Agreement sba!J be binding on and inure to the benefit of lhe successors and permitted assignees of the respective panies.
(d) Any notice or demand required to be given .herein shall be made by certified ot registefed inaiJ. tax. .
return receipt requested, or reliable overnight mail to the address of the respective PartieS set forth bei()W:
Lessor: Yilla$ De Carlsbad Ltd
. 9!il9 Cbesagea!ce Pziye. ttt03 · :
San Diego CA 92123 ·
Lessee: Pacific Bell Mobile SerViCes . .
4420 Rosewqo(J Drive, Building 2. 4th floor·· ·' ;,
Pleasanton, CA 94588
•, ....... ,
.Lessor or lessee may from time to time designate any other address for lhis pwpose by written notice to. the othel'-pany.
(e)
· .. __ , This Agreement shall be governed Ullder the laws of the State of California.
(t) The Substantially prevailing party in any legal claim arising hereunder shall be enlidecf to ita. · .. · .· reasonable attorney's fees and court COSts, iDCiuding appeals, if auy. ·
(g)
Exhibit ''D". Upon request either party may requim that a Memorandum of Lease be rec«ded in the fotm ot ·
IN WITNEss WHEREOF, the parties have executed this Agreement as of the date ftrSt above writeen.
' '
LESSOR Yilla$ De CadWd. Ltd .
·. ·., .· . .-·:-·· .. ntle: Gencrar Pytng
TAX ID#: 95-3436928 -~ . ·. ; ..
. ·.··,,··
. . :· ~ ...
·-:. . . . '
·_,. ·.
· .. · .... :
:;' ·'
. . . :. ::. ~-..
·.·_._.:· .. . ·, .
· ..... _.,_
.·.·•.
. ·.-.. ·.·
.. ·. · ..
.... ·,
: .··:-· .
Date: 10/17/95
··, ;:_··_.
.. .·. : . . ·-:' :. ,. ·.
~-~! 10/12/tS
. ~-----~--------·
·-.. :···.
I
··.:
. I
.-:~~· ;·
:
.. . · .. ··.
A n'EST WITNESS
ATTEST WIT~ESS
· .• · .·· ..
.·, .. ·; .. ·. : ...
.. · ..
· ... ·
·. ·· ... ·· . . .~.
OIIOl.UJ
. -· ___ .:__··.·_-_. -_. -----~·-----~-
LESSOR
TAX~=----------------------
Date: 10/11,195
. .
LESSE!i /) . .--__ -····-···. --_ ··---_ · • ···--.-_--: -. •
By: ~di({"~!rz
Name: Dnv lie S-Hc-rri s -
..
. ·. · ..
··,· .. ·
";·:. · .. ·.
• ... ·
.· .·. ~ .. ntte: N1Jth
Date: R/a. f., h /; -: .. ···. ..;:-_ .· .·
. . ...:,
5
.· .=.:·.
' .. ·.
. -·' :: .· ... ~--
. ~ .· .. ·.
.· .. : ....
. ·.· .. ,·.
... ..
: ' ·: ': > : :_··.· :
·. ·.-.... -.~:. · ...
-~ . ~ ..
. ;-.
·. _..·· . . , ., .·.
> .. _._-_··_·-. __ ·-.
10/U/U
...... :::
.. , ..
~~,. .. -~~~"~{~ ,-_
··,·
..· .. :: ·. .: ...
. i
____________ ......
.. ::,
.''·.·.'
... ':: :_··~·· -.· .
~ . .
I l ~
·." :.· ... : ; ..... ~ : ·--;; .. _ -. · .. ' '
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR•s PROPERTY
The Lessor•s propeny of. which Premises are a part is legally described as Col!ows:
Property Address:
Assessor's Parcel Number.
·'·,.
1092 Laguna Drive
Carlsbad. CA 92008
ISS-272-19.()()
·. ··\.
~ . .•' ... , .·
·(e.g.. Legal Description ftom Title Repat dcacriptioa)
·:-_ .... ·.<_·· .
. . ":."
·.;·
. ·.:· ..
•
., ..
····: .... -.
·-··:
·. :
; .
.. ·· ... ·,
.·. ;·; __ ;/\~-.;'", .. ·:·.·
\/ ...
. .. '. ·. ~-~. ~·.
. ·. ~ . ·-
. ::-...-~ ~ ·:.
-~ .. .. ~ ~ ..
· .. • ......... _: .... ·.··
---_j
. :· .:. ~
·--.:: ..... : .. ··
.. .. : .;.· .
.... ···-···: ,·.
·'.-.
,.
I I
· ..... · ·~ . ' .. ·
0 -.
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
. I092l.aguna Dn"We
Carlsbad, CA92008 ·. · . . ·"' .,:.:
•.
~r·s ParceJ Number. 1SS.272-l9,.00 · .. . . : ·"' ...
. :. --~-·. ·. -~ . :·
. . . .
:.··: .. ···
· ... <: .' .. ·
· ... •.·:·
···_:"":
..•. ·:
'·-:···
~ . ·.
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE WEST HALF OF rHE SOUTHWEST QUARTER OF THE
NORTHEAST QUA.~TER OF THE NORTHWEST QUARTER AND ALL THAT PORTION OF THE
EAST HALF OF. THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST· QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN.·
BERNARDINO BASE AND. MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF cALI~ORNIA, LYING WESTERLY AND SOUTHWESTERLY OF .THE
SOUTHWESTERLY LINE.OF STATE HIGHWAY 5, AS CONVEYED ~0 THE STATE OF
CALIFORNIA BY DEED RECORDED JUNE 12, 1970 AS FILE NO. 101788 ·OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, AND LYING NORTHERLY OF THE
NORTHERLY LINE OF THAT PORTION LAGUNA DRIVE AS CONVEYED Tv 'l'HE CITY OF
CARLSBAD BY DEEO RECORDED MAY 27, 1986 AS FILE NO. 86-208841 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY .AND LYING SOUTHERLY OF THE ·
SOUTHERLY LINE OF THAT PORTION OF KNOWLES AVENUE AS CONVEYED TO THE
CITY OF CARLSBAD BY DEED RECORDED DECEMBER 10, 1985 AS FILE NO. 85-
465325 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY.
. ' ...
····, ·.·.
·: :.•.
. . .· ~ .. : . · .
. ··.··
· .. ·.·:.-_ ... ::-··
. : . .
.. · ... '"· :
.. ·-.
. . . ' : . ~ ... : ·.: :
· .. ,.-.
.. ·' · .
•. :. :~
. : '·:. '.· .. ·, ·.··
..
.. ~·· .. .
Olt01r.l2 ' 10/12/15 .
1:
t ,·
. .. · .
=--------·· ------------T:.. , . " .:-·._..,.
;,J...L_ Ll:.. __ ~
. · .. -.• ~ ... <:-
·· ..
. · ..
•·
· .. ·Pilo4cT
SIT£
I
I
··--_ _{__J
.·.:.-$:--
,·. -~;~) ......... .., .. · S~IT!]E;_·fPLAN~L--~---.,:.;;_-~---'o-----~-
··· . ..$--:
@
·.
. ·.
·· ....
.....
·:·~.
·, ,,
:-. :-. -~
·.· ...
'.,
t .· .
:•1~ ·:, .
-....
·, '.. . ... ·.·~ ·' .....•. -. ' :··~·. . .. . . .
· ..... .. 0
EXHmiT C
TITLE REPORT
The title_repon (where applicable) for the lessor's propeny, and the Premises is asfollows: .
·.·,_
........
·.·· ...
.... :: .. :·
··.·.
".'.'.•
0&8011.82
· .......
·.:···: . .-··.·"'·
· ... . :, .
~ . ·. ~ ~-. :
··.;:.; . ....
·.:•.
· .. ·:··.·
····.· ..
•
···.;.
': ·.·~.
·.··.· · .. :·
•."··
.. _ .. ,
. ·10/12/tS
·: '·~.
... ·
~ ·. :
l '
«~ ~ CITY OF
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
if" The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT • PROPERTY OWNER
Nameffi\~ J. MJtUWJuxt .¥if T~DPIIv
Address: tb~ ~()nf>m Ck 2;\wtt N
Name: __________ _
Address: _________ _
SaK1121~D, CA Q2\l \
Phone Number: ~-t{)00-?11:>D Phone Number: __________ _
Address of Site: lCqU lilguntL 1)"1 re, Apt P[(R Cp'lf.md Chl1 q2-CQ[
Local Agency (City and County):-..~..CA~apiL£jL..J..l.~o4t2,LJMI£.!~1-I ---~...C.Lif...__ __________ _
Assessor's book, page, and parcel number:._.!../~'5:....?.:.e._:....__..!o::O::....:-J...!..J.~.!..,_---J(_PJ.....__ _________ _
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
Date of List:. _____________________________ _
lAA~ Applicant Signature/Date
~ Ltc\Se frou\s'li) (J
Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 07/10
&
CITY OF ~<~ CARLSBAD·~
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteselisUdefault.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmaUhazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCUS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npllnpl.htm
Page 2 of2 Revised 07/10
'
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ------------(To be completed by City)
Application Number(s): --------------------------
General Information
1. Name of project: ~l.tiiA>--So<........lf1~D~fe ....... s'-----...::::....l.lnL.......L¥---""-3D~a.a~~=-=---14-L..) ----
2.
3.
4.
Name of developer or project sponsor: ------------------
Address: I {Yf(R Lt<gvn4 1)Q ve Apt tl{J
City, State, Zip Code: Cfu/&try;f ~Jt q2UJB
Phone Number: {]lie{) 4'Qd: -1 l ! lV'
Name of person to be contacted concerning this project: f(CX1/t:c; lA.Jrt
Address: 4K83 Ron&ZJn &, 8vi fe.r N
City, State, Zip Code: St1..J1. DJf{!jOI C/f
Phone Number: l fS
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:
~
6.
7.
8.
10. Site size: ____________ .J...r ______________ _
11. Proposed Building square footage: -----+""-----------------
12: Number of floors of construction: ------¥£--------------
13. Amount of off-street parking provided: ___ ___,~o::;...._ _____________ _
14. Associated projects: ---------+-.#----------------
P-1(D) Page 2 of4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes:
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ___ ____..¢~------------------
17.
18.
19.
P-1(0)
If industrial, indicate type, estimated employment per shift, and loading facilities: --~C/)o::.._ __ _
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: c.c>
If the project involves a variance, conditional use or ~ning applications, state this and indicate
clearly why the application is required:
Page 3 of4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
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
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,
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.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No
D ~
D ~
D ~
D ~
D ~
D uv---
D ~
D ~
D ~
D ~
D ~
D ~
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 belie0
Date IO[g:/o.. Signatu.U/1~~
J
1
For (0~~ (Jy11ih~LLL
P-1 (D) Page 4 of 4 Revised 07/1 0
«~ ~ CITY OF
CARLSBAD
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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 of the 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: ~ l.l..M.J
Staff Signature: c~.~~
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
«~%
~ CITY OF
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: lAS Bore£ ltmo'olk, c:,w\DogeAj
APPLICANT NAME: (Y}J~)Aali.d. k~&luf.f_, -We -ctnob}·/.l,
Please describe fully the proposed pro·ect b I' . adequately explain the scope and/or ~peratio~P~/f:~lon type. lnclu.de any details necessary to
any background information and su ortin proposed proJ~ct. You may also include
appropriateness of, the application us:apn addg sdtatemhents. regardmg the reasons for, or · en urns eet 1f necessary.
Description/Explanation:
.1~mb~lle-LOI rtWr; propo~s. -Jv Cbrfl.inlh ~1?1 dflc{,
mfUfi.J.cu.fu unmwnl,t(,, dl~ IYtob f.e, /<.dda &mrnvn 1~
~ li-~ M .Jr,U~ b i4t. Ftnt>UU pmpoKJ +o re{JttU-L
ll? ~l~ii ~ w.Je.nnetS m ~ <Jltbp.i przy:erte; wj
lP n.ew cw./ul ~. ~ A~J Wr/..tnf1t{,9 a.re
t{)P~~U'rc,t/tly 1101 ~1qvrl-1 fln(){ {ft'? 11 w1ole-, Mel. ~u
~u,p. 1}le u OYJknnaR toi 11 be. r.epltU!Jd h!:J (JJJ.Juinal
~f b)l(11 I Vl ~ tg JILt tV'I {{ [{. q II IAJ/c/f., (),IICl {p • 'J.J H
d.np. ~ will k lo~a.ffd. IYI ~ ~ pfa-lj_ .
tWd tblored .b WI~ I /l)')cf JM"WJ Uk ~ uk...
~ 0-fl./tnncx.J beA.ng replaLUf.. iuuu tl./6
no frvpo8(d M'!tWCfJ </6 ~ (!a.b/~
P-1(8) Page 1 of 1 Revised 07/10
«~~~
~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 1 0% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.) ~
Person Corp/Part ]~1 \t 'f'{p~-\-~
Title ___________ _
Address __________ _
Ti~e ~ Address~Cf»1 'fi &Jxrerdt) ec 8Q::) &u1 ( ~~ $JEri OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person __________ _ Corp/Part. ___________ _
Title ___________ _ Title ______________ _
Address _________ _ Address. ____________ _
Page 1 of2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profitffrust Non Profitffrust'-----------
Title ___________ _ Title _____________ _
Address __________ _ Address, ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes ~ If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
~ Ls.\e ful\s\c\f)
Signature of owner/date'
I certify that all the above information is true and correct to the best of my knowledge.
~.--z:-
Signature of applicanUdate
to
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07/10
PHOTOGRAPHIC SURVEY
T-Mobile SD06088A, Las Flores
(1) View of the subject property looking north
(2) View of the subject property looking west
V>"
(3) View of the subject property looking south
(4) View ofthe subject property looking east
• View from the Subject Property
{1) View from the subject property looking north
{2) View from the subject property looking east
•
{3) View from subject property looking south
(4) View from subject property looking west
•
ADDITIONAL VIEWS
. r---t;~-----------------------
«~'» ~ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the City requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To
view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards.
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria
called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the
storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.
City staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission.
Only one completed and signed questionnaire is required when multiple development applications for the same project
are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat
Assessment Form with construction permits for the project.
Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit
this with your application to the cjty.
Does your project meet one or more of the following criteria: YES NO ~~---~---~~---~~--------~~---~---~~---~~~~~-----~~~~----+-----+-~~r 1. Housing subdivisions of 10 or more dwelling units. Examples: single family homes, multi-family homes, v
condominium and apartments
2. Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals;
laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial
nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls;
hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities.
3. Heavv Industrial/Industry· greater than 1 acre. Examples: manufacturing plants, food processing plants, metal
working facilities, printing plants, and fleet storage areas (bus, truck, etc.).
4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013,
5014, 5541, 7532-7534, and 7536-7539
5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters
and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the
land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000
square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria
requirements and hydromodification requirements.
E-34 Page 1 of3 REV 1/14/11
6.
7.
8.
9.
10.
11.
12.
«~~ ~ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Hillside development. Any development that creates more than 5,000 square feet of impervious surface and is vfo located in an area with known erosive soil conditions, where the development will grade on any natural slope that is
twenty-five percent (25%) or greater.
EnvironmentallY Sensitive Area fESA!1• All development located within or directly adjacent2 to or discharging v~ directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the
ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases
the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition.
Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban v runoff
Streets. roads. highways. and freeways. Any paved surface that is 5,000 square feet or greater used for the v transportation of automobiles, trucks, motorcycles, and other vehicles
Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet v
Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than v 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%.
More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a
Pollutant-generating Development Project4• v
.. 1 Environmentally Sens1t1ve Areas Include but are not hm~ed to all Clean Water Act Sect1on 303(d) 1mpa1red water bodies, areas des19nated as Areas of Spec1al
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 equivalent 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 Copennittees.
2 "Directly adjacent" means situated within 200 feet. of the Environmentally Sensitive Area.
3 "Discharging directly to" means outflow from ~drainage conveyance system that is composed entirely of flows4rom the subject development or redevelopment site, and
not commingled with ftow from adjacent lands.
4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects
that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping
areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance
access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to
surrounding pervious surfaces.
INSTRUCTIONS:
Section 1 Results:
If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and
please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water
requirements will apply per the SUSMP.
If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions.
E-34 Page2 of3 REV 1114/11
~~ ~ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
you you you
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review
SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site.
If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER
REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below.
on page 2
0 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.
0 My does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the
Applicant Information and Signature Box This BorforCityUsa Only
Assessor's Parcel Number(s): City Concurrence: I YES I NO
I ./ I
By 0 R.\t.fC.
Date: 11-/l"f /Je1-
Project ID: • Mcr.Jt~ IJ·Ol ~)
E-34 Page 3 of3 REV 1/14/11
e .au TICOR TITLE COMPANY
OF CALIFORNIA
2878 Camino Del Rio South, Suite 500
San Diego, CA 92108
Phone: (619) 260-0015
Fax: (619) 692-9465
Issuing Policies of Chicago Title Insurance Company
ORDER NO.: 00117448-995-ND Escrow/Customer Phone: (858) 650-3130
Title Officer: Marina Nguyen/Karen Dennis
Title Officer Phone: (619) 260-5280
Title Officer Fax: (619) 295-5241
Mitchell J. Architecture, Inc.
4883 Ronson Court Suite N
San Diego, CA 92111
ATTN: Rocki Lam Title Officer Email: TeamMarina.Karen@TicorTit1e.com
Email: rocki.lam@mitchellj.com
PROPERTY: 1088-1098 Laguna Drive, Carlsbad, CA 92008
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California 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, all arbitrable matters shall be arbitrated at the option of either the Company or
the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for
certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are available from
the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, 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 title and may not
list all liens, dejects and encumbrances affecting title to the land.
Ticor Title Company of California ..
Authorized Signature
CLTA Preliminary Report Form-Modified (11/17/06) Page 1
e
TICOR TITLE COMPANY
OF CALIFORNIA
PRELIMINARY REPORT
EFFECTIVE DATE: October 18, 2012 at 7:30 a.m.
The form of policy or policies of title insurance contemplated by this report is:
2878 Camino Del Rio South, Suite 500
San Diego, CA 92108
Phone: (619) 260-0015
Fax: (619) 692-9465
I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
Fee Estate
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
VSCRE Holdings, LLC, a Delaware Limited Liability Company
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
CL T A Preliminary Report Form -Modified ( 11/17 /06) Page2
PRELIMINARY REPORT
YOUR REFERENCE:
EXHIBIT "A"
LEGAL DESCRIPTION
Ticor Title Company of California
ORDER NO.: 00117448-995-ND
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER AND THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING WESTERLY AND SOUTHWESTERLY
OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA
RECORDED JUNE 12, 1970 AS FILE NO. 101788 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THOSE PORTIONS DEEDED TO THE CITY OF CARLSBAD BY DEEDS RECORDED
DECEMBER 10, 1985 AS FILE NOS. 85-465324 AND 85-465325 AND MAY 27, 1986 AS FILE NO. 86-208841, ALL OF
OFFICIAL RECORDS.
APN: 155-272-19-00
CL T A Preliminary Report Form -Modified (Ill! 7 /06) Page 3
PRELIMINARY REPORT
YOUR REFERENCE:
Ticor Title Company of California
ORDER NO.: 00117448-995-ND
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows:
Code Area:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Land:
Improvements:
09000
155-272-19-00
2012-2013
$114,541.03, open
$114,541.03, open
$0.00
$10,666,64 7.00
$10,453,314.00
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:
Purpose:
Recording Date:
Recording No:
Affects:
San Diego Gas and Electric Company
public utilities , ingress and egress
December 30, 1968
228131 of official records
a portion of said land as more fully described in said document
Reference is hereby made to said document for full particulars.
4. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said
Land, such rights having been relinquished by the document,
Recording Date: June 12, 1970
Recording No: 101788 of official records
Affects: the northeasterly boundary of said land
Said Land, however, abuts upon Knowles Avenue and Laguna Drive, over which rights of vehicular ingress and
egress have not been relinquished.
5. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Operation of a Professional Care Facility
Villas De Carlsbad, a limited partnership and the City of Carlsbad, a Municipal
Corporation
October 3, 1985
85-367835 of official records
Reference is hereby made to said document for full particulars.
6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
Costa Real Municipal Water District
to erect, construct, reconstruct, replace, repair, maintain, their necessary fixtures and
appurtenants, including but not limited to, conduits and cables for power transmission
and communication purposes
March 3, 1986
86-083364 of official records
a portion of said land as more fully described in said document
CLTA Preliminary Report Form-Modified (1l/17/06) Page4
PRELIMINARY REPORT
YOUR REFERENCE:
Ticor Title Company of California
ORDERNO.: 00117448-995-ND
EXCEPTIONS
(Continued)
Reference is hereby made to said document for full particulars.
Note: pmtion of easement vacated by quitclaim deed recorded October 25, 1995 as file no. 1995-0481661 of official
records.
7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
San Diego Gas and Electric Company
public utilities, ingress and egress
August 5, 1986
86-330988 of official records
The exact location and extent of said easement is not disclosed of record.
Reference is hereby made to said document for full particulars.
Restrictions on the use, by the owners of said land of the easement area as provided in the document referred to
above.
8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Pacific Bell
public utilities ingress and egress
October 6, 1986
86-447594 of official records
The exact location and extent of said easement is not disclosed of record.
Reference is hereby made to said document for full particulars.
9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Carlsbad Municipal Water District
Purpose: construction, operation, repair, reconstruction, and all activities necessary to construct,
reconstruct, operate, maintain and repair facilities designed for the general purpose of
collecting, storing, transporting, pumping and treating all water, including surface water,
stream water, flood water and ground water flowing into said facilities and all natural and
artificial drainage ditches and structures of any kind, whether above or below the surface
ofthe ground
Recording Date: October 10, 1995
Recording No: 1995-0457086 of official records
Affects: a portion of said land as more fully described in said document
Reference is hereby made to said document for full particulars.
10. A Notice
Entitled:
Recording Date:
Recording No:
Restrictions on real property by the City of Carlsbad
July 10, 1996
1996-0343952 of official records
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form-Modified (11/17/06) Page 5
PRELIMINARY REPORT
YOUR REFERENCE:
EXCEPTIONS
(Continued)
Ticor Title Company of California
ORDER NO.: 00117448-995-ND
11. An unrecorded lease with certain terms, covenants, conditions and provisions set f01ih therein as disclosed by the
document
Entitled:
Lessor:
Lessee:
Recording Date:
Recording No:
Memorandum ofLease
Villas De Carlsbad, Ltd., a California Limited Partnership
Pacific Bell Mobile Services, a California Corporation
August 19, 1996
1996-0421430 of official records
The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are
not shown herein.
I 2. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled:
Lessor:
Lessee:
Recording Date:
Recording No:
Memorandum of Lease
VSCRE Holdings, LLC, a Delaware Limited Liability Company
Las Villas De Carlsbad Operations, LLC, a Delaware Limited Liability Company
December 6, 2006
2006-0865348 of official records
The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are
not shown herein.
13. A financing statement as follows:
Debtor:
Secured Party:
Recording Date:
Recording No:
La Villas De Carlsbad Operations, LLC
VSCRE Holdings, LLC
May 3, 2011
2011-0230334 of official records
14. 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 immediately for further review prior to closing.
CLTA Preliminary Report Form-Modified (11/17/06) Page6
PRELIMINARY REPORT
YOUR REFERENCE:
EXCEPTIONS
(Continued)
Ticor Title Company ofCalifomia
ORDER NO.: 00117448-995-ND
15. The Company will require the following documents for review prior to the issuance of any title assurance predicated
upon a conveyance or encumbrance from the entity named below:
Limited Liability Company: VSCRE Holdings, LLC, a Delaware Limited Liability Company
a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications
thereto, certified by the appropriate manager or member
b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto
with the appropriate filing stamps
c) If the Limited Liability Company is member-managed, a full and complete current list of members certified
by the appropriate manager or member
d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the
Company, that it was validly formed, is in good standing and authorized to do business in the state of origin
e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish
evidence ofthe authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation.
END OF ITEMS
CLTA Preliminary Report Form-Modified (11/17/06) Page 7
' PRELIMINARY REPORT
YOUR REFERENCE:
NOTES
Ticor Title Company of California
ORDER NO.: 00117448-995-ND
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.
Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
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.
Note: In compliance with the new RESP A regulations, Ticor Title Company of California will be averaging recording fees
for Single Family 1-4 Residential properties. Please contact your Title Officer to obtain the current recording fees. In
addition, Ticor Title Company of California will pay our underwriter 12% of the title premium, as disclosed on lines
1107 and 1108 of the HUD-1.
Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand
arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of
the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your
Title Insurance coverage.
Note: If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association
provides a copy of a declaration, governing document or deed to any person, California law requires that the
document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least
14-point bold face type and may be stamped on the first page of any document provided or included as a cover page
attached to the requested document. Should a party to this transaction request a copy of any document reported
herein that fits this category, the statement is to be included in the manner described.
PRELIMINARY REPORT
YOUR REFERENCE:
Ticor Title Company of California
ORDER NO.: 00117448-995-ND
When f1 d "dtT TIC un s are Wire 0 !COr It e
US Bank
535 Westminster Mall
Westminster, CA 92683
NOTES
(Continued)
WIRE INSTRUCTIONS
ompany o fC l"fi a 1 orma, please use th . t f ems rue Ions b I eow:
ABA (Routing) Number: 122235821
Account No.: 153497036480
Account Name: Ticor Title Company of California
Please credit Las Flores and reference our title order number to avoid return of funds.
Funds received by Ticor Title Company of California via wire transfer may be disbursed upon receipt. Funds received by this
company via cashier's check or tellers check may be disbursed on the next business day after the day of deposit. If escrow
funds (including shortage checks) are disbursed to this company other than by wire transfer, cashier's check or
teller's check, disbursement and/or closing will be delayed 3 to 7 business days. Questions concerning deposit and/or
disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan
payoff officer.
Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (I) of the following:
A We have received confirmation of the respective incoming wire.
B. Collection of a deposited check.
PAYOFF INFORMATION
NOTE: This company DOES require cunent beneficimy demands prior to closing. If the demand is expired and a cunent
demand cannot be obtained, our requirements will be as follows:
If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
This hold will be over and above the verbal hold the lender may have stipulated.
If this Company cannot obtain a verbal update on the demand, we will either pay off of the expired demand, or wait for the
amended demand, at the discretion of the escrow.
NOTE: to avoid delays at the time of closing, if the above deed of trust is an Equity Line/Line of Credit, it will be
necessary that all checks, passbooks, credit cards together with instructions to close the account be submitted to the
Company prior to the close of this transaction.
In order to expedite compliance with the above, please do the following:
Borrower(s):
a)
b)
Sign and return the Equity Line/Credit Line Affidavit provided with the report,
Request that the account be frozen.
Settlement:
a) Obtain a statement from the lender that no advances have been made after the issuance of the
demand for payoff, and
b) Upon delivery of the payoff check, a full reconveyance must be obtained.
Please be advised that the difference between the principal balance on an issued demand and the maximum principal allowed
may be held for up to 10 working days ifthe above requirements are not met.
PLEASE NOTE: OUR OFFICE DOES NOT ACCEPT ACH TRANSFERS. THESE INSTRUCTIONS ARE FOR
THE PURPOSE OF SENDING WIRE TRANSFERS ONLY.
END OF NOTES
Marina Nguyen/Karen Dennis/j05
CLTA Preliminary Report Form-Modified (11/17/06) Page9
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal
Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows
the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as
described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification
number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the
website links you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy,
premiums, payment history, information about your home or other real property, information from lenders and other third parties involved
in such transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these
disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to
enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance
transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or
providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena
or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing
agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be
determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply
with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal
process.
Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for
marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from
consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is
othe1wise permitted by law.
Disclosure to Nonat1iliated Third Pa1ties-We do not disclose Personal Information about our customers or former customers to nonat1iliated third
parties, except as outlined herein or as otherwise permitted by Jaw.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you.
We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to fmd out to whom
your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's cmrent policy is to
maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future
coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identitv.
Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Changes to this Privacy Statement
Chief Privacy Officer
Fidelity National Financial, Inc.
60 I Riverside A venue
Jacksonville, FL 32204
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy
Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above,
indicates the last time this Privacy Statement was revised or materially changed.
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of
escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute
a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below
discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These
discounts are generally described below; consult the rate manual for a full description of the terms, conditions and
requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of
Companies. This notice only applies to transactions involving property improved with a one-to-four family residential
dwelling.
FNF Underwriter FNF Underwritten Title Company
TTCC -Ticor Title Company of California Cl'IC -Chicago Title Insurance Company
Available Discounts
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be
reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited
on a subsequent policy charge within the following time period from the date of the report.
FEE REDUCTION SETTLEMENT PROGRAM (TTCC and CTIC)
Eligible customers shall receive $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible
transaction in accordance with the terms of the Final Judgments entered in The People ofthe State of California.
DISASTER LOANS (CTIC)
The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of
record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of
California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the
appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided
said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title
insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the
appropriate title insurance rate, depending on the type of coverage selected.
EMPLOYEE RATE (TTCC and CTIC)
No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten,
subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the
employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the
employee would be obligated to pay, by established custom, as a party to the transaction.
CA Discount Notice Effective Date: 1-10-2010
-------------------------------
Notice
You may be entitled to receive a $20.00 discount on escrow
services if you purchased, sold or refinanced residential
property in California between May 19,1995 and
November 1, 2002. If you had more than one qualifying
transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that
is the subject of your current transaction, you do not have
to do anything; the Company will provide the discount,
provided you are paying for escrow or title services in this
transaction.
If your previous transaction involved property different
from the property that is the subject of your current
transaction, you must inform the Company of the earlier
transaction, provide the address of the property involved in
the previous transaction, and the date or approximate date
that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on
property that is not the subject of this transaction, the
Company has no obligation to conduct an investigation to
determine if you qualify for a discount. If you provided the
Company information concerning a prior transaction, the
Company is required to determine if you qualify for a
discount.
Effective through November 1, 2014
To:
Date:
From:
(name)
Request for $20.00 Discount-CA Settlement
Use one form for each qualifying property.
Ticor Title Company of California, 2878 Camino Del Rio South, Suite 500, San Diego, CA 92108
Current Address:
Address of
qualifying
property:
Approximate date
of transaction
I believe that I am qualified 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. I have not
previously received a cash payment or a discount from another Company on the property described
below:
Signed: Date:
THIS SECTION IS FOR COMPANY USE ONLY.
D The above referenced party is entitled to receive a $20.00 discount on escrow services or title insurance
pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and
private class action plaintiffs.
OR
D The above referenced party 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 following reason:
D The party has previously received credit for the transaction described above.
D The transaction described above did not occur in the time period allowed by the stipulated
judgments-May 19, 1995 to November 1, 2002.
Fax this response to:
Escrow No.:
Escrow Officer:
Fax Number:
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured
against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation
of any law or government regulation. This includes
building and zoning ordinances and also laws and
regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the
enforcement of these matters which appear in the public
records at Policy Date.
This exclusion does not limit the zoning coverage described
in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public
records on the Policy Date
• the taking happened prior to the Policy Date and is
binding on you if you bought the land without
knowing of the taking.
In addition to the Exclusions, you are not insured against loss,
costs, attorneys' fees, and the expenses resulting from:
I. Any rights, interests, or claims of parties in possession of
the land not shown by the public records.
2. Any easements or liens not shown by the public records.
This does not limit the lien coverage in Item 8 of Covered
Title Risks.
Attachment One (07/26/10)
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy
Date-unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date-this
does not limit the labor and material lien coverage in
Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and
referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of
Covered Title Risks
3. Any facts about the land which a correct survey would
disclose and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12
of Covered Title Risks.
4. Any water rights or claims or title to water in or under the
land, whether or not shown by the public records.
ATTACHMENT ONE
(Continued)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy
(except to the extent that this policy insures the
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for street improvements under construction or
completed at Date of Policy); or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mm1gage.
4. Unenforceability of the lien of the insured mo11gage
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.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons
in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
Attachment One (07/26/10)
PART I
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by
the public records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on
the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or
the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance
resulting tt·om a violation or alleged violation affecting
the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but
not excluding from coverage any taking which has occurred
prior to Date of Policy which would be binding on the rights
of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except
to the extent that this policy insures the priority of the
lien of the insured mortgage over any statutory lien for
services, labor or material or to the extent insurance is
afforded herein as to assessments for street
improvements under construction or completed at Date
ofPolicy); or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the
insured mortgage.
4. Unenforceability of the lien of the insured mortgage because
of the inability or failure of the insured at Date of Policy, or
the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable doing business laws
of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured
mm1gage, 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 statutory lien for services, labor or materials (or the claim
of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgage) arising from an
improvement or work related to the land which is contracted
for and commenced subsequent to Date of Policy and is not
financed in whole or in part by proceeds of the indebtedness
secured by the insured mm1gage which at Date of Policy the
insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the
interest of the mortgagee insured by this policy, by reason of
the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured
mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee
as a result of the application of the doctrine or equitable
subordination; or
(iii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser
for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I.
2.
3.
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.
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.
Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
Attachment One (07/26/10)
4.
5.
6.
Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
(a) Unpatented mining claims; (b) reservations or exceptions
in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters
excepted under (a), (b) or (c) are shown by the public records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
I. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion !(a) does
not modifY or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion !(b)
does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify
or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 11, l3 or 14); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of an Insured to comply
with applicable doing-business laws of the state where the
Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien
of the Insured Mmigage that arises out of the transaction
evidenced by the Insured Mortgage and is based upon
usury or any consumer credit protection or truth-in-lending
law.
6. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction creating the lien of the Insured
Mmigage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in
Covered Risk l3(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
of the Insured Mmigage in the Public Records. This
Exclusion does not modify or limit the coverage provided
under Covered Risk II (b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from·
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
I. (a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
2. Any facts, rights, interests, or claims that are not shown by
the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons
in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One (07/26/10)
4. Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a pmt; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant becmne an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the estate or interest insured by this policy.
4. Any claim, which m·ises out of the transaction vesting in
the insured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based
on:
(i) the transaction creating the estate or interest insured
by this policy being deemed a fraudulent conveyance
or fi·audulent trm1sfer; or
(ii) the transaction creating the estate or interest insured
by this policy being deemed a preferential transfer
except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impaJt notice to a
purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1.
2.
3.
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.
Any facts, rights, interests or claims which m·e not shown
by the public records but which could be ascertained by a11
inspection of the land or which may be asserted by persons
in possession thereof.
Easements, liens or encumbrances, or claims thereof, which
are not shown by the public records.
Attachment One (07/26/10)
4.
5.
6.
Discrepancies, conflicts in boundary lines, sh01tage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
(a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether
or not the matters excepted under (a), (b) or (c) m·e shown
by the public records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
,, ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
I. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating
to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion !(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion !(b)
does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify
or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modifY or limit the coverage
provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Title.
4. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction vesting the Title as shovm in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated m
Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
I.
2.
3.
(a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
Any facts, rights, interests, or claims that are not shown in
the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons
in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One (07/26/IO)
4.
5.
6.
Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land and that are not shown by the Public Records.
(a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
.. ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation
of any law or government regulation. This includes
ordinances, laws and regulations concerning:
b. the taking happened before the Policy Date and is
binding on You if You bought the Land without
Knowing of the taking.
a. building 4. Risks:
b. zoning
c. Land use
d. improvements on Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement
of these matters if notice of the violation or enforcement appears
in the Public Records at the Policy Date.
a. that are created, allowed, or agreed to by You, whether
or not they appear in the Public Records.
b. that are Known to You at the Policy Date, but not to
Us, unless they appear in the Public Records at the
Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date-this does not
limit the coverage described in Covered Risk 7, S.d.,
22, 23, 24 or 25. This Exclusion does not limit the coverage described in Covered
Risk 14, 15, 16, 17 or 24. 5. Failure to pay value for Your Title.
2. The failure of Your existing structures, or any part of them,
to be constructed in accordance with applicable building
codes. This Exclusion does not apply to violations of
building codes if notice of the violation appears in the
Public Records at the Policy Date.
6. Lack of a right:
a. to any Land outside the area specifically described and
referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
3. The right to take the Land by condemning it, unless:
This Exclusion does not limit the coverage described in Covered
Risk II or 18.
a. notice of exercising the right appears in the Public
Records at the Policy Date; or
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16, and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Attachment One (07/26/10)
Your Deductible Amount
I% of Policy Amount
or
$2,500.00
(whichever is less)
I% of Policy Amount
or
$5,000.00
(whichever is less)
I% of Policy Amount
or
$5,000.00
(whichever is less)
1% of Policy Amount
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation
of those portions of any law or government regulation
concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered
Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them,
to be constructed in accordance with applicable building
codes. This Exclusion does not limit the coverage described
in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This
Exclusion does not limit the coverage described in Covered
Risk I 7.
4. Risks:
a. that are created, allowed, or agreed to by You, whether
or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to
Us, unless they are recorded in the Public Records at
the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date-this does not
limit the coverage described in Covered Risk 7, 8.e.,
25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and
referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in
Covered Risk II or 21.
7. The transfer of the Title to You is invalid as a preferential
transfer or as a fraudulent transfer or conveyance under
federal bankruptcy, state insolvency, or similar creditors'
rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Attachment One (07/26/10)
Your Deductible Amount
I% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
I% ofPolicy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
I% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
I% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
•
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
l. (a) Any law, ordinance or governmental regulation
(including but not limited to zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the
Land; (ii) the character, dimensions or location of any
improvements now or hereafter erected on the Land;
(iii) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of
which the Land is or was a part; or (iv) environmental
protection, or the em~ct of any violation of these laws,
ordinances or governmental regulations, except to the
extent that notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the Land has
been recorded in the Public Records at Date of Policy.
This exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14 and 16 ofthis policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in tl1e
Public Records a Date of Policy. This exclusion does
not limit the coverage provided under Covered Risks
12, 13, 14, and 16 of this policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the Public Records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
Knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not 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 damage to the Insured Claimant;
Attachment One (07/26/10)
(d) attaching or created subsequent to Date of Policy (this
paragraph does not limit the coverage provided under
Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and
26); or
(e) resulting in loss or damage which would not have
been sustained if the Insured Claimant had paid value
for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of the Insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws ofthe 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, except as provided in Covered Risk 27, or any
consumer credit protection or truth-in-lending law.
6. Real property taxes or assessments of any governmental
authority which become a lien on the Land subsequent to
date of Policy. This exclusion does not limit the coverage
provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority
of the lien of the Insured Mortgage as to advances or
modifications made after the Insured has Knowledge that
the vestee shown in Schedule A is no longer the owner of
the estate or interest covered by this policy. This exclusion
does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to
each and every advance made after Date of Policy, and all
interest charged thereon, over liens, encumbrances and
other matters affecting the title, the existence of which are
Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the
Insured Mortgage which changes the rate of interest
charged, if the rate of interest is greater as a result of
the modification than it would have been before the
modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion
thereof to have been constructed before, on or after Date of
Policy in accordance with applicable building codes. This
exclusion does not apply to violations of building codes if
notice of the violation appears in the Public Records at
Date ofPolicy.
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting or relating to
(i) the occupancy, use, or enjoyment ofthe Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit
the coverage provided under Covered Risk 5, 6, l3(c), l3(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
l3(c), l3(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19,20,21,22,23,24,27or28);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mmigage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify
or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this
policy. This Exclusion does not modifY or limit the coverage provided in Covered Risk II.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance
with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankmptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Attachment One (07/26/10)
...
•
• TICOR TITLE COMPANY
OF CALIFORNIA
TITLE OFFICER: Marina Nguyen/Karen Dennis
ORDER NO.: 00117448-995-ND
DATE: October 30,2012 3:48PM
=addressee=
Attn:
Your Ref:
TRANSMITTAL
2878 Camino Del Rio South, Suite 500
San Diego, CA 92108
Phone: (619) 260-0015
Fax: (619) 692-9465
PHONE: (619) 260-5280
EMAIL: TeamMarina.Karen@TicorTitle.com
FAX: (619) 295-5241
PROPERTY ADDRESS: 1088-1098 LAGUNA DRIVE, CARLSBAD, CA 92008
BUYER/BORROWER: LAS FLORES
Enclosed please find your Preliminary Report.
Thank you-we appreciate your business!
_____ , ... __ ·~-...... ----~---··----~~---~--·--· --------··---~---~-------~·---··· ...... ·-·-----------~------~-------~-.;_-~:-------· ---.:.~-------~------·----'..!-·---· --~·
0~
.. .
'•
6V SHT.I
I-III
,.;
Ill l ~ I \
! c:_l-~-----l
ur.@"
.. ®:I
t1~ ..
' 13 I ·-·
• •
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
I ~111111 !Ill~ llllil ~I~ m11~1111111~ 11~11111 ~II
Applicant: MITCHELL J ARCHITECTURE/TMOBILE
Description Amount
MCUP1101A 642.35
1096 LAGUNA DR CBAD
Receipt Number: R0092601 Transaction ID: R0092601
Transaction Date: 12/07/2012
Pay Type Method Description Amount
Payment Credit Crd VISA 642.35
Transaction Amount: 642.35
Cit/~ Carlsbad
Faraday Center
Faraday Cashiering 001
1234201-1 12/07/2012 32
Fri, Dec 07, 2012 09:35AM
Receipt Ref Nbr: R1234201-1/0009
PERMITS -PERMITS
Tran Ref Nbr: 123420101 0009 0009
Trans/Rcpt#: R0092601
SET #: MCUP1101A
Amount:
Item Subtotal :
Item Total:
1 @ $642.35
$642.35
$642.35
ITEM(S) TOTAL: $642.35
Credit Card (Auth# 083010) $642.35
Total Received: $642.35
Have a nice day!
•
**************CUSTOMER COPY*************
(~~CITY OF
¥CARLSBAD
• • FILE COPY
/0} · II · I IS{
Community & Economic Development www.carlsbadca.gov
NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT
AMENDMENT
Notice is hereby given that a Minor Conditional Use Permit (MCUP) Amendment has been
applied for to allow the modification of an existing Wireless Communications Facility (WCF)
which includes the replacement of six antennas and the addition of screening boxes on property
generally located at 1088 Laguna Drive, Carlsbad, California, and more particularly described
as:
All that certain real property situated in the County of San
Diego, State of California, described as follows:
All of the West half of the Southwest quarter of the Northeast
quarter of the Northwest quarter and that portion of the East
half of the Southeast quarter of the Northwest quarter of the
Northwest quarter of Section 6, Township 12 South, Range 4
West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to the
Official Plat thereof, lying Westerly and Southwesterly of the
Southwesterly line of the land described in deed to the State of
California recorded June 12, 1970 as File No. 101788 of
Official Records.
Excepting therefrom those portions deeded to the City of
Carlsbad by deeds recorded December 10, 1985 as File No. 85-
465324 and 85-465325 and May 27, 1986 as File No. 86-208841
all of Official Records (Assessor's Parcel Number 155-272-19).
If you have any objections to the granting of this MCUP or wish to have an informal hearing to
discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue,
Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any
questions, please call Chris Garcia in the Planning Division at (760) 602-4622.
CASE NO.: MCUP 11-01(A)
CASE NAME: SD06088A Las Flores
DATE: December 11,2012
CITY OF CARLSBAD
PLANNING DIVISION
~ .. Planning Division
~·~~-~~~~------~--------------------------------------------~·~: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
• •
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS
SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE
LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
HCUJ:l I I -01· ct\)
APPLICANT OR APPLICANT'S REPRESENTATIVE
BY:~ .. ~ ~ ~~C(~/(I~J
DATE: /fl/t) liZ'
RECEIVED BY
DATE: 1a-2-1 :l 4
(~,,, C I T Y 0 F
¥CARLSBAD •
Memorandum
December 14, 2012
To: Chris Garcia, Project Planner
From: David Rick, Project Engineer
Via: Glen Van Peski, Senior Civil Engineer
Re: SUBJECT: MCUP 11-0lA SD06088A LAS FLORES
CONDITIONS
•
Land Development Engineering has completed its review of the above referenced project for
application completeness and has determined that the application and plans submitted for this
project are complete and suitable for continued review. Engineering staff does not have any
comments to add to the project. Please add the following conditions to the approving
resolution/letter:
1. 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 treatment practices or devices, erosion control to
prevent silt runoff during construction, general housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other management
practices or devices to prevent or reduce the discharge of pollutants to stormwater,
receiving water or stormwater conveyance system to the maximum extent practicable.
Developer shall notify prospective owners and tenants of the above requirements.
If you or the applicant has any questions regarding the above, please either see or call me at
extension 2781.
David Rick
Associate Engineer-Land Development Engineering
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www,carlsbadca.gov
• • LJ FILE
Planning Division www.carlsbadca.gov
February 26, 2013
Rocki Lam
c/o Mitchell J Architecture
4883 Ronson Court, Suite N
San Diego, CA 92111
SUBJECT: MINOR CONDITIONAL USE PERMIT AMENDMENT NO. MCUP 11-01(A) -
SD06088A LAS FLORES Request for approval of a Minor Conditional Use Permit
Amendment (MCUP 11-05(A) to replace 6 existing panel antennas with antennas
which are more stealth in design for an existing Wireless Communications Facility
(WCF) at 1096 Laguna Drive, in the R-3 Zone and Local Facilities Management
Zone 1.
Dear Rocki Lam,
The City Planner has completed a review of your application for a Minor Conditional Use Permit
Amendment MCUP 11-01(A) to replace 6 existing panel antennas with antennas which are more
stealth in design for an existing Wireless Communications Facility (WCF) at 1096 Laguna Drive. A
notice was sent to property owners within a 300' radius of the subject property requesting comments
regarding the above request. No comments were received within the ten day notice period (ending
on December 22, 2012). After careful consideration of the circumstances surrounding this request,
the City Planner has determined that the four findings required for granting a Minor Conditional Use
Permit can be made and therefore, APPROVES this request based on the following findings and
conditions.
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including, if
applicable, the certified local coastal program, specific plan or master plan in that (a} the
use is necessary and desirable for the development of the community because of the
benefit and demand for digital communications and data transmissions for
businesses, individuals, public agencies and emergency service systems in this part
of the City; (b) the existing use is consistent with the General Plan in that the
Residential Medium-High Density (RMH} Land Use Designation does not preclude the
provision of Wireless Communication Facility (WCF} uses. The WCF is consistent
with City Council Policy No. 64, Wireless Communication Facilities, in that it is located
on a preferred non-residential use (professional care facility building} and will
improve on its existing stealth design by placing 4 of the 6 antennas within the
existing parapet wall and by installing a screen box over the remaining 2 antennas
that will be painted and textured to match the building. The project's location and
stealth design comply with General Plan objectives that seek to maintain and enhance
Carlsbad's appearance.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the existing WCF is located
~~·-------------------------------------------------------1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
e • MCUP 11-01 (A)-SD06088 LAS FLORES
February 26, 2013
Page2
within a preferred location (professional care facility building) as listed in Location
Guideline A.1. of City Council Policy Statement No. 64, and all aspects of the WCF will
exhibit stealth design by placing 4 of the 6 antennas within the existing parapet wall
and by installing a screen box over the remaining 2 antennas constructed of radio
frequency (RF) transparent screen material that will be textured and painted to match
the existing building, as well as the equipment cabinets located at the rear of the
building and painted to match the adjacent building. The WCF use is not precluded
by the project site's underlying R-3 Zoning. Furthermore, the location of the existing
antennas behind the RF transparent screen and the existing equipment cabinets
located at the rear of the existing building are designed so that they blend in with the
building architecture and do not visually impact the existing site or building design
and do not interfere with nor are visible to other surrounding uses, and will not result
in any additional building coverage. The project has been conditioned to comply with
FCC RF Exposure Guidelines.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the City
Planner in order to integrate the use with other uses in the neighborhood in that all of the
existing antennas will be relocated behind RF transparent screen walls that are
textured and painted to match the existing building and the existing equipmen't
cabinets are located at the rear of the building and painted to match the adjacent
building thereby exhibiting stealth design techniques. As the antennas and
associated equipment are existing, the site will remain adequate in size and shape to
accommodate the use.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the existing WCF requires, on average, only
monthly maintenance visits and occasional visits in response to operational
problems.
5. That the existing WCF is consistent with City Council Policy No. 64 in that it is located in a
preferred location (professional care facility building) as listed in Location Guideline
A.1. of City Council Policy Statement No. 64 and exhibits stealth design by placing 4
of the 6 antennas within the existing parapet wall and by installing a screen box over
the remaining 2 antennas constructed of radio frequency (RF) transparent screen
material that will be textured and painted to match the existing building. The
equipment cabinets are located at the rear of the building and painted to match the
adjacent building and therefore exhibit a stealth design.
6. That 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 Section 15301 -Existing Facilities of
the state CEQA Guidelines. 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.
7. 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 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.
\
• • MCUP 11-01(A}-SD06088 LAS FLORES
February 26, 2013
Page 3
Conditions:
1. All of the conditions within this letter shall supersede all of the conditions within the
Planning Director Approval Letter for Minor Conditional Use Permit (MCUP 11-01)
dated March 14,2011.
2. Approval is granted for MCUP 11-01(A) as shown on Exhibits "A"-"E" dated February 25,
2013 on file in the Planning Division and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
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 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 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 Conditional Use Permit Amendment.
4. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the MCUP 11-01(A) 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 approval.
5. The 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 Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, 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.
6. The Developer shall comply with all applicable prov1s1ons of federal, state, and local
ordinances in effect at the time of building permit issuance.
7. This project shall comply with all conditions and mitigation measures, which are required as
part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
8. MCUP 11-01(A) shall be reviewed by the City Planner on a yearly basis to determine if all
conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare. If
the City Planner determines that: 1} the minor conditional use permit was obtained by fraud
or misrepresentation; or 2) the use for which such approval is granted is not being exercised;
or 3} the conditions of approval have not been met; or 4) the minor conditional use permit is
being or recently has been exercised contrary to any of the terms or conditions of approval;
or 5} the use for which such approval was granted has ceased to exist or has been
suspended for one year or more; or 6} the use is in violation of any statute, ordinance, law or
• • MCUP 11-01 (A)-SD06088 LAS FLORES
February 26, 2013
Page4
regulation; or 7) the use permitted by the minor conditional use permit is being or has been
so exercised as to be detrimental to the public health, safety or welfare or so as to constitute
a nuisance, the City Planner shall hold an informal public hearing and after providing the
permittee the opportunity to be heard, the City Planner may revoke and terminate the minor
conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify
the conditions or impose new conditions.
9. This Conditional Use Permit is granted for a period of 10 years from February 25, 2013
through February 24, 2023. This permit may be revoked at any time after a public hearing,
if it is found that the use has a substantial detrimental effect on surrounding land uses and
the public's health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed 10 years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public's health and welfare. If a
substantial negative effect on surrounding land uses or the public's health and welfare is
found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the Planning
Commission may grant.
1 0. 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 residential
housing 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.
11. This approval shall become null and void if building permits are not issued for this project
within 18 months from the date of project approval.
12. Developer shall report, in writing, to the City Planner within 30 days, any address change
from that which is shown on the permit application.
Engineering:
13. 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 treatment practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
Code Reminders:
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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
• • MCUP 11-01(A)-SD06088 LAS FLORES
February 26, 2013
Page 5
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 the 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 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.
This decision may be appealed by you or any other member of the public to the Planning
Commission within ten days of the date of this letter. Appeals must be submitted in writing to the
Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $638 plus noticing
fees. The filing of such appeal within such time limit shall stay the effective date of the order of the
City 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 Chris Garcia at (760) 602-4622.
CHRIS DeCERBO
Principal Planner
CD:CG:sm
c: VSCRE Holding, LLC, c/o Senior Care Inc., 9510 Ormsby Station Court, Suite 100,
Louisville, KY 40223
Don Neu, City Planner
Michele Masterson, Senior Management Analyst
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
File Copy
OMS/Data Entry
•
Planning Division
December 19, 2012
Rocki Lam
c/o Mitchel J. Architecture
4883 Ronson Court, Suite N
San Diego, CA 92111
SUBJECT: MCUP 11-0l(A)-SD06088A LAS FLORES
• u FILE
www.carlsbadca.gov
Congratulations, your project application was deemed complete on December 17, 2012, and the City has
determined on December 19, 2012 that the project is exempt from CEQA In the interest of
expeditiously processing your application consistent with the State Permit Streamlining Act (California
Government Code Section 65950), an administrative decision to approve or deny the project must be
determined by February 19, 2013.
Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must
be addressed by February 1, 2013. If all project issues are not resolved by the date listed above, you
may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw
the application.
Should you have any questions regarding an application extension or withdrawal, please contact Chris
Garcia at 760-602-4622 or by email at Chris.Garcia@carlsbadca.gov.
Sincerely,
~/t
DON NEU, AICP
City Planner
DN:CG:sm
c: Chris DeCerbo, Principal Planner
David Rick, Project Engineer
File Copy
Data Entry
•
Planning Division
December 19, 2012
Rocki Lam
cfo Mitchel J. Architecture
4883 Ronson Court, Suite N
San Diego, CA 92111
• DFILE
www.carlsbadca.gov
SUBJECT: MCUP 11-01(A) -SD06088A LAS FLORES -CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA} APPLICABILITY/PROCESS DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Existing
Facilities -15301 of the State CEQA Guidelines. No environmental review is required for the project.
A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office
which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made
out to the San Diego County Clerk. The check should be submitted approximately one week prior to
the City Planner decision date.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Chris Garcia, at (760) 602-4622 or chris.garcia@carlsbadca.gov.
Sincerely,
\l~
DON NEU, AICP
City Planner
DN:CG:sm
c: Chris DeCerbo, Principal Planner
David Rick, Project Engineer
File Copy
Data Entry
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
• • DFILE
Planning Division
December 17, 2012
Rocki lam
c/o Mitchel J. Architecture
4883 Ronson Court, Suite N
San Diego, CA 92111
SUBJECT: 1ST REVIEW FOR MCUP 11-0l(A)-SD06088A LAS FLORES
www.carlsbadca.gov
Thank you for applying for land Use Permits in the City of Carlsbad. The Planning Division has reviewed your
Minor Conditional Use Permit Amendment, application no. MCUP 11-01(A), as to its completeness for
processing.
The application is complete, as submitted. Although the initial processing of your application may have
already begun, the technical acceptance date is acknowledged by the date of this communication. The City
may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise
supplement the basic information required for the application. In addition, you should also be aware that
various design issues may exist. These issues must be addressed before this application can be scheduled for
a hearing. The Planning Division will begin processing your application as of the date of this communication.
At this time, the City asks that you provide three (2) complete sets of the revised development plans so that
the project can continue to be reviewed. The City will complete the review of your resubmittal within 25
days.
In order to expedite the processing of your application, you are strongly encouraged to contact your Staff
Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and
to completely understand this letter. You may also contact each commenting department individually as
follows:
• land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781.
• Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
~_,_;~ 0...~ jr<>JL
CHRIS DeCERBO
Principal Planner
CD:CG:sm
c: VSCRE Holding, LLC, c/o Senior Care Inc., 9510 Ormsby Station Court, Suite 100, Louisville, KY 40223
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
• • MCUP 1l-01(A)-SD06088A LAS FLORES
December 17, 2012
Page 2
ISSUES OF CONCERN
Planning:
1. On Sheet G-001, please add the following information
a. Zoning: R-3-Multiple Family Residential.
b. General Plan Land Use: RMH-Residential Medium High Density.
c. Add the addition of box screens to the project description.
2. The proposed individual screen boxes around each antenna do not adequately screen the proposed
antennas. Please revise the proposal to better screen the antennas. One option would be to install
3 larger screen boxes that extend the entire width of each building elevation and cover 2 antennas
each. It is understood that this approach would require the box on the north elevation to follow the
raised arch on the side of the building.
3. On Sheet D-501, please show the proposed dimension that the antennas and the screen box are
projected from the wall. This dimension should not exceed 18" from the existing wall.
4. Please submit photo simulations of the revised project proposal.