HomeMy WebLinkAboutAMEND 2017-0009; JM CONCEPTS; Review Permit (RP)(City of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY) Legislative Permits
~ Coastal Development Permit Ejil Mino
,-PU...---1-----'-'"---"""-l D Conditional Use Permit
D Minor D Extension
D Day Care (Large)
~ Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
D Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
f---------i
E1J General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
OAmendment
OAmendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
CT). Review Permit
[±I Administrative Ej:J Minor D Major
D~: IZ-f ID -.42,.
{FOR DEPT. USE ONLY)
~
:w11-
000C1
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY ,
Development No. ::DEY 2ofr-021 :...1
P-1
•sAME DAY APPOINTMENTS ARE NOT AVAILABLE
ESTIMATED COMPLETION DATE
Lead Case No.
Page1 of6 Revised 03/17
•
OWNER NAME (PLEASE PRINT)
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(ifapplicable): e,,..._,~ \)f\\~,.., ~"'°4'ifl
MAILINGADDRESS: f$vl. f ¾"'""" I\J" ~(,/<f
CITY, STATE, ZIP: 0(\,'l"'J t, G ~ 77,frr.,"i
TELEPHONE: 7 f'-1 / 3 f (,-, jO Zf
EMAIL ADDRESS: Vev'IA £) 05/ -i1'C. i;.~n.,
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN -IS MY AUTHORIZED REPRESENTATIVE FOR
PURP. T APP A,,.,_,.,_.~7,,-
DATE
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
-
APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME -f"" M
(if applicable): IJy>,m 'C,!. \ \ \ ~(2..\:;M)A .,C...
COMPANY NAME
(if applicable): ..l fl\ C O~ c, ~-f.s
MAILING ADDRESS:'i,',Z H~ ~,A~ Pfl'.
CITY, STATE, ZIP: L~\~~ l-1--f1,vJf
TELEPHONE: 'l"o. 2.0i -"J'-1'1J'
EMAIL ADDRESS: j/""''-s f;) It, u\ \ eQ vi f •C 17 f'rv
t CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
...
SIGNATURE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
'"~-sue R TEREST.
¾-~
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
JUN 3 0 2017
CITY OF CARLSBAD
dA¼-~1)/~A~~tl~AYl~N RECEIVED
RECEIVED BY: Iv.~
Revised 03/17
. ,
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true
and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject
project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of
Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a
Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has
a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or
better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also
agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall
be delivered to:
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad
The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is
operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the
subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in
effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in
compliance with the subjyct approved permit.
Signature ~ J-v1I\, L Date: u/-wl 1,-.c,1,
Certification Statement:
I Certify that I am the Legal Property Owner for the subject business location and that all of the above information
is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject
property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as
long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance
with the subject appr~it. _
-:{ Signature ~ / __,,..-_/ Date: 0 / 1,oJ l>-9 t 1
/
P-1 Page 3 of6 Revised 03/17
-.., .-------------~-----------------..... · -----------
(city of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
~2.
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Q!'ll't-'> t frsh,o. /n~rt,k.-ho1< Corp/Part i.,\) c,:\ u.p L '-c:.
Title O vv l\e,qS:: Title _____________ _
Address '2 1'fl 1±1.,hlA..J P. q, o~ .. Address 211Z-J-J15nJ1,J P-¥ "f1,~
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 L eo!Z LfJ f<,;,e I r~ Corp/Part G""1"15'6 ... ~ \) .~\ "'I"' Porv¼'~ \.v f
Title (b>~ <-vi Title _____________ _
Pag of 2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust________ Non Profit/Trust. _________ _
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 ISlJ No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
II the above information is true and correct to the best of my knowledge.
--:rz) Ji L Ctl"R~}k.11
Signature of applicant/date
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 /1 O
(city of
Carlsbad
PROJECT NAME:
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
\\,.\ i '2, c_,..i ~,,.<,-1, , i,A ,._, "' ·" ... ~M~ 1 "'o"'u evw1r•°""
511,MJ , "~"' ~~t,
P-1(8) Page 1 of 1 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
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):
t:2} 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 ru:g contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: .__\\II\ lo "Ct-f J,~
Address: t, ,"fl, 1-1 'o ~ I ~..,J, '[<),i,
C..,~,us.\,w~ C.--1) 11,0<>.>'
Phone Number: 'l(, ~ • l, 01! · qy 4J
PROPERTY OWNER
Name:~.<-b~ V;ll~s<-'R,~e, .. ,~
Address: f5o2."i, G. V'-"'f"'""" ~\:l~ .YG:,iC{
C) I\, ~ .. :i ..__ (.,. \4,. 'f ,,. §--r.-q
Phone Number: ,, L( -;3<,:(p, ro-z,,f
AddressofSite: <...\JD (,A .. kb\,J \/)l\~.., Oi,·11,,<,
Local Agency (City and County): C,p,v\s \oQJ~ '5""* 1:)r" ':$ 0
Assessor's book, page, and parcel number:__,Z=o~.3:c.._;1::...1__,__,,3"------"'0'-'1.,::...c...;()<--t:,,.,,__ __________ _
Specify list(s): _____________________________ _
Regulatory Identification Number: _______________________ _
Date of List: ____________________ ,__ _________ _
Applicant 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 02/13
-------------
C__cityof
Carlsbad
EIA INFORMATION
FORM
P-1(D)
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e., Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's
Municipal Code. The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are
necessary to substantiate a "no impact" or "yes impact" determination should be
submitted as an attachment to this Environmental Information Form. This is especially
important when a Negative Declaration is being sought. The more information provided in this
form, the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form -Initial Study.
P-1 (D) Page 1 of 4 Revised 07/10
)
ENVIRONMENTAL INFORMATION FORM·
(To be Completed by Applicant)
Date Filed: (,,. 30 · I 7 {To be completed by City)
Application Number(s): /rH..e-l?cl '2t!> I 7 -0 O O C\ / '0
General Information
1. Name of project: __ -"_IY\_~C_o~v1_c_c-+-P-~-5 ______________ _
2. Name of developer or project sponsor: J A"' t,.S M4 it.ib 1,v......_
Address: 2 7'\ 2-H \)Iii, \>qw4 1),., C11,,u\1,1Mt, C,'jl c; """Ji
City, State, Zip Code:
Phone Number: 7~<> -Z o,~ "}4\./if"
3. Name of person to be contacted concerning this project: 'J 'l;IM .. 1:. !Y\ ,>,t,k,i,,"' L-v
Address: "2 7'P-bl-lsh\~ \4
City, State, Zip Code: CVl-.JS"\eiW 0'{:> '1-u Ol),8
Phone Number: "111<> --Z.. o '1-, "i '-14,9
4. Address of Project: '-t3u C~,c,\~~ \J·,\\~0 <i \J~~-'"<
Assessor's Parcel Number:
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: __ v _______________ _
7. Existing zoning district: _l/"--'-,,-.....L~---------------------
8. Existing land use(s): _________________________ _
9. Proposed use of site (Project for which this form is filed):
Project Description
10. Sitesize: ]2-"° ::>''j (,J..
Proposed Building square footage:
Number of floors of construction: \
11.
12:
13. Amount of off-street parking provided: __ ,._\_t:l, ________________ _
14. Associated projects: _________________________ _
P-1 (D) Page2of4 Revised 07 /1 O
•
15.
16.
17.
18.
19.
P-1(0)
If residential, include the number of units and schedule of unit sizes:
If commercial, indicate the type, whether neighborhood, city or re~pnally oriented, square footage
of sales area, and loading facilities: r,-t>S ~ N~\. 1 u C \ll-J v {.l.vt, vAJ
If industrial, indicate type, estimated employment per shift, and loading facilities:
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
Page3of4 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 1 O 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 Eil
D D
D ~
D ~
D ~
D gJ
D ~
D ~
D ~
D ¥1
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 belief.
Date: __,(.._,.__/ 'L>_-'-)-'7-C...o-'I_-. ____ _ Signature: ~ j Ll, I..__..,/
For:
P-1(D) Page4of4 Revised 07 /10
....
lf -P-"------------:~,--------------•
~
{. City of
Carlsbad
I INSTRUCTIONS:
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 (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
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 PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
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 completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: _J (Y\ C On C .,/il \.-S' PROJECT ID:
ADDRESS: APN: 203 '273 01, o l)
The project is (check one): D New Development ~Redevelopment
The total proposed disturbed area is: G,¼o ft2 ( ) acres
The total proposed newly created and/or replaced impervious area is: Rf ft2 ( ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV02/16
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To detennine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? D pa
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
infonnation.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If vou answered "no" to the above auestion, the oroJect is a 'develooment orolect', ao to Steo 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To detennine if your project is exempt from PDP requirements pursuant to MS4 Pennit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; D E1 b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
C) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets auidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in
accordance with the USEPA Green Streets guidance? D ~
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? D [SJ-
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant infonnation.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance}:
If vou answered "no" to the above auestions, vour project is not exemot from PDP, ao to Steo 3.
E-34 Page2of4 REV 04/17
•
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
~ collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, D and oublic development proiects on oublic or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or D ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development r:,roiects on oublic or orivate land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
11 a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and D refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC} code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside D ~ develooment project includes develooment on anv natural slonP-that is twentv-five percent or areater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is D a a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project D ~ site? A street, road, highway, freeway or driveway is any paved impeNious surface used for the
transoortation of automobiles, trucks, motorcvcles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of D 91 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adiacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair D 11 shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013 5014 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes D q. RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADTI of 100 or more vehicles r:,er dav.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land D ~ and are expected to generate pollutants post construction?
11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21.203.040} D ~
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statina "Mv proiect is a 'STANDARD PROJECT' ... " and comolete annlicant information.
E-34 Page 3of 4 REV 04/17
II
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = ____________ sq. ft.
Total proposed newly created or replaced impervious area (B) = ___________ sq. ft.
Percent impervious area created or replaced (B/A)"100 = _____ %
YES NO
D D
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box stating "My project is a PDP ... " and complete aoolicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
L'.fMy project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-3(j and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'ST AN DARO PROJECT' stormwater requirements apply.
0 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: ::J~ c:~t < -J-...: 11/Vl,,k,kApplicantTitle: 0-....n-,
Applicant Signature: "3""'--'Ld:--~ Date: ___ c,_/_,.,,_0 ...... /_~--'-1 .... '7.a...-_______ _
• Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for City Use Only
YES NO
City Concurrence: D D
By:
Date:
Project ID:
E-34 Page4 of 4 REV04/17
(city of
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-6
A proposed project requiring application submittal must be submitted by appointment*.
Please contact the appointment specialist at (760) 602-2723 to schedule an appointment.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared
at the same scale. (Use a scale no smaller than 1" = 40'.)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit.
The City Planner shall make the final determination regarding a project's cost of development.
The primary basis for determining cost of development will be the application of dollar costs per
square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
New Residential Square Footage:
______ square feet x $ ____ ./sq. ft. = $. _________ _
Residential Addition Square Footage:
______ squarefeetx$. ____ /sq.ft. =$, _________ _
Any Garage Square Footage:
______ squarefeetx$. ____ /sq.ft. =$ _________ _
Residential Conversion Square Foota~:
______ square feet x $_. /sq. ft. = $ _________ _
Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.) ,1 S (,,7 !J square feet x $7aJI /sq. ft.= $._<-4--'-''-'---'0'--'0,:_:_0 _____ _
COST OF DEVELOPMENT ESTIMATE:$. ___________ _
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) ~
2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of proposed development
L-f3o L..f\vt.,\.(\:,~~ \\,~,\~0 To\)0
P-6 Page 1 of 6 Revised 05/17
r
D. Assessor's Parcel Number of proposed development
E. Development Description:
Briefly describe project: P..~ (, 2 l-J ".\."'lll\CJ'(, t , Tio-.... ,t, \/1, .&-\-,i...""" p,.L
'"())) <, <e:/ s VltJ V (l;.WS I /\ (,""' i5 ""~ <:.
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
' North: (l,-c, ~ l'-J
South: ~"-'J..-...i\
East: <1 v.l. w~ I
West: fl~.l. ~\ \,
G. Is project located within a 100-year flood plain? 0Yes ~ No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? [J] Yes D No
If yes, please describe. ~ -.S + MN (VO'VV ~
B. Will any existing structure be removed/demolished? D Yes [']No
If yes to either question, describe the extent of the demolition or removal, including the relocation
site, if applicable (also show on plans).
111. LOT COVERAGE
P-6
A. Existing and Proposed
Building Coverage
Landscaped Area
Hardscape Area
Unimproved Area (Left Natural)
Existing
"3-Z. .::> sq. ft.
J.!X>O Sq. ft.
11.,o,:, sq.ft.
___ sq.ft.
Page 2 of6
Proposed
(,'-to sq. ft.
7,-oo sq. ft.
__ -_sq.ft.
___ sq.ft.
Total
41,v sq. ft.
sz-~ sq. ft.
'J o,, sq. ft.
___ sq.ft.
___ %
___ %
___ %
___ %
Revised 05/17
' •
P-6
B. Parking: Number of existing spaces
Number of new spaces proposed __ O;__ ___ _
Existing/Proposed TOTAL: ___ 7-=-------
Number of total spaces required __ b""--------
Number of covered spaces __ _:_O ____ _
Number of uncovered spaces ___ 7'------
Number of standard spaces ___ 5' _____ _
Number of compact spaces ___ 2 _____ _
Is tandem parking existing? 0 Yes # __ [jNo
Is tandem parking proposed? D Yes# __ ~ No
C. Grade Alteration:
Is any grading proposed? 0 Yes IStJ No
If yes, please complete the following:
1. Amount of cut ___________________ cu. yds.
2.
3.
4.
5.
Amount of fill ___________________ .cu. yds.
Maximum height of fill slope feet
Maximum height of cut slope feet
Amount of import or export cu. yds.
6. Location of borrow or disposal site ________________ _
Page 3 of 6 Revised 05/17
The following materials shall be submitted for each single family residence/minor coastal development
permit application.
If you have any questions regarding application submittal requirements (i.e., clarification regarding
a specific requirement or whether all requirements are necessary for your particular application)
please call (760) 602-4610.
I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right hand corner of plan visible.)
P-6
A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a
Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape
review is required. Each site plan shall contain the following information:
1. GENERAL INFORMATION
[Zla. Name, address, and phone number of registered civil engineer, licensed surveyor,
landscape architect or land planner who prepared the maps/plans.
[Zfp. Location, size and use of all easements.
[Lfc. Dimensions and locations of: access, both pedestrian and vehicular, showing service
areas and points on ingress and egress, off-street parking and loading areas showing
location, number and typical dimension of spaces, and wheel stops.
Distance between buildings and/or structures.
Building setbacks (front, rear and sides).
Location, height and materials of walls and fences.
Dimensions/location of signs.
h. A summary table of the following (if applicable to the application):
0~1) Street address and assessor's parcel number.
[3(: ) Site acreage.
) Existing Land Use Designation and Zoning.
) Proposed land use.
) Total building coverage (in square feet and as a percent).
L'.]{-6) Percent of site to be landscaped.
0{7) Number of parking spaces required/provided.
(2f(B) Square Footage of open or recreational space (if applicable).
[3'(9) Cubic footage of storage space (if applicable).
Di. All applicable Fire Suppression Zones as required by the City's Landscape Manual.
B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this
application. In certain areas, an engineering geology report must also be included. Please
consult the Planning Division and Land Development Engineering Division representatives for
a determination on any grading plan geotechnical requirements if the project is in an overlay
zone. The following information shall be submitted at a minimum:
01. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes
between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed).
Existing and proposed topographic contours within a 100-foot perimeter of the boundaries
of the site. Extend contours sufficiently out from the site to adequately show the adjacent
floodplain (if applicable).
02. Earthwork volumes: cut, fill, import and export.
03. Spot elevations at the corners of each pad.
04. Method of draining each lot. Include a typical cross section taken parallel to the frontage
for lots with less than standard frontage.
05. Location, width and/or size of all watercourses and drainage facilities within and adjacent
to the proposed subdivision; show location and approximate size of any proposed
detention/retention basins.
06. Clearly show and label the 100 year flood line for the before and after conditions for any
project which is within or adjacent to a FEMA flood plain.
Page 4 of 6 Revised 05/17
C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal
Development Permit and four (4) copies a Single Family Coastal Development Permit prepared
on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following
!!:!!9rmation:
l.11. Location and size of storage areas.
~../ All buildings, structures, wall and/or fences, signs and exterior lights.
l.,;d5. Existing and proposed construction.
04. Provide documentation demonstrating compliance with City Council Policy 44 -
....../ Neighborhood Architectural Design Guidelines (if applicable).
~5. Building Heights of all structures (top of roof and top of roof projections)
D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if
applicable. To determine if a landscape plan is required, consult Chapter 1-Applicability in the
Landscape Manual.
COLORED SITE PLAN AND ELEVATION PLAN-Not required with first submittal. It is the Applicant's
responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the
Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do
not mount exhibits.
II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
DA. A completed Land Use Review Application Form.
DB. Completed Coastal Development Permit Application.
De. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with
Planning staff regarding Minor Coastal Development Permits and Single Family Coastal
Development Permits for any environmental review requirements.
OD. Disclosure Statement.
DE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
OF. Completed "Project Description/Explanation" sheet.
OG. Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34).
This form can be found on the City's website. (Distribute copy to Land Development
Engineering).
OH. If, when completing the Storm Water Standards Questionnaire, the project is subject to
"Standard Project," requirements, submit a completed and signed "Standard Project
Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the
City of Carlsbad Engineering Standards, latest version.
DI. If, when completing the Storm Water Standards Questionnaire, ·the project is defined as a
"Priority Development Project," submit a preliminary Storm Water Quality Management Plan
(SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad
Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35).
OJ. Property Owner's List and Addressed Labels:
Single Family Residence
1. A typewritten list of the names and addresses of all property owners within a 600' radius of the
subject property (including the applicant and/or owner), all occupants within a 100' radius of the
subject property, and the applicable Homeowners Association (HOA). The list shall include the San
Diego County Assessor's parcel number from the latest assessment rolls.
P-6 Page 5 of6 Revised 05/17
2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject
property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all
CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family
residence, an apartment, suite or building number must be included on a separate line. DO NOT
include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts
are:
Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows:
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
ACCEPTABLE
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior
boundaries of the subject property. Each of these lots shall be consecutively numbered and
correspond with the property owners list. The scale of the map may be reduced to a scale
acceptable to the City Planner if the required scale is impractical.
Note: When the application is tentatively scheduled to be heard by the decision making body, the
project planner will contact the applicant and advise him to submit the radius map, two sets of the
property owners list and labels. The applicant shall be required to sign a statement certifying
that the information provided represents the latest equalized assessment rolls from the San
Diego County Assessor's Office. The project will not go forward until this information is received.
Minor Coastal Development Permit
1. 100' Radius Owners and Occupants/Address List and Labels (for coastal zone/CDPs only):
P-6
One (1) list of the owners and occupants/addresses located within a 100' radius of the project site;
and two (2) sets of mailing labels of the addresses within a 100' radius.
Sample labels are as follows:
UNACCEPTABLE
Occupant
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Occupant
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
Page 6 of 6
ACCEPTABLE
OCCUPANT
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
ACCEPTABLE
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
Revised 05/17
,,.-
Cl TA Preliminary Report ~rm
(Rev. 11/06}
-Order Number: DIV-5482072
Page Number: 1
First American Title
customer Reference:
Order Number:
litle Officer:
Phone:
Fax No.:
E-Mail:
Property:
First American Title Company
7676 Hazard Center Drive, Ste 1100
san Diego, CA 92108
california Department of Insurance License No. 151
DIV-5482072 (04}
Korey Mulvey
(619)231-4670
(877)648-8386
titfeunit4@firstam.com
Vacant Land
cartsbad, CA
PRELIMINARY REPORT
In response to the above referenced appllcatfon for a poHcy of title Insurance, this company hereby reports that It Is prepared to Issue, or cause to be
Issued, as of the date hereof, a Polley or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, insuring
against loss whidt may be sustained by reason fX any defect, Hen or encumbrance not shown or referred to as an Exception belOW' or not excluded
from a,verage pursuant to the printed Schedules, COO<lltlons and Stipulations of said Policy forms.
The printed Exc.eptlons and Exduslons from the coverage and Limitations on Covered Risks ct said policy or polldes are set forth In Exhibit A attached.
11MI policy ID be I-may contain an arbitration clause. -the Amount of lnsunlnc,e ls'-than -set forth In tho arbitration
clauoe, all arbltntblo llllltlWW shaH be arbitrated at tho option of -tho company or the Insured H tho oxd-remedy of tho
parties. Limitations on Covered Risks applicable to the a.TA and ALTA Homeowner's Policies of Tltle Insurance which establish a Oeduc.tfble Amount
and a Maximum Dollar Limit of UabHlty for certafn coverages are also set forth In Exhibit A. COpies of the policy forms should be read. They are
available from the office which Issued this report.
PlelN rmd the exa,ptlono -or -ID -.wand the exmpllonaand oxduslons set-In Exhibit A of this n,port
carefully. The aa,ptlono and oxdusions are meant IIO pnwkle you with -ol -n which are not--under tho blrms of
the title tnaurance Policy and 9hould be carefully comid__.,
n 11 Important ID note that this prellmlnary report Is not a -_.,._ as llO the condition of title and may not 11st all
lions, ~ and encumbrances -ng title ID the land.
This report (and any supplements or amendments hereto) ~ Issued solely for the purpose of facilltating the issuance of a policy of title Insurance and
no llablllty Is assumed hereby. If it Is desfred that liablllty be assumed prior to the Issuance CX a potlcy of title Insurance, a Binder or Commitment
should be requested.
First American Title
Page I of 15
-Order Number: DIV-5482072
Page Number: 2
Dated as of June 15, 2017 at 7:30 A.M.
The fonn of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another fonn or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Benjamin Balsam and Yaffa Balsam, husband and wife, as community property as to an undivided
fifteen (15%) percent interest, and
Dafna Gilboa Irrevocable Family Trust, as a family trust, as to an undivided ten (10%) percent
interest and
Terrance J. carroll and Judy A. carroll, husband and wife, as community property, as to an undivided
fifteen (15%) percent interest, Subject to Item Nos. 5, 6, 7 and 13
Leor Lakritz and Ophira Sarah Lakritz, husband and wife, as community property, as to an undivided
sixty ( 60%) percent interest, Subject to Item No. 8
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2017-2018, a lien not yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the california Revenue and Taxation Code.
3. The fact that the land lies within the boundaries of the Village Area Redevelopment Plan, as disclosed
by the document recorded August 17, 1981 as Instrument No. 81-261825 of Official Records.
First American Title
Page 2 of 15
Order Number: DIV-5482072
Page Number: 3
4. An easement for either or both pole lines, underground conduits and incidental purposes together
with the right of ingress and egress, recorded December 1, 1987 as Instrument No. 87-664179 of
Official Records.
In Favor of: Pacific Telephone and Telegraph Company
Affects: As described therein
The location of the easement cannot be determined from record information.
5. The effect of a deed dated April 7, 2009, executed by Terrance J. carroll and Judi A. carroll, husband
and wife, as community property, as Grantor, to (i) one-half (1/2) of Transferor's 15% interest to
Terrance J. carroll, an individual (i.e., an undivided 7.5% interest), and (ii) one-half (1/2) of
Transferor's 15% interest to Judith A. carroll, an individual (ie., an undivided 7.5% interest), to be
held as tenants in common, as Grantee, recorded April 29, 2009, as Instrument No. 2009-0221859 of
Official Records.
The requirement that this office be furnished with the evidence that the deed was an absolute
conveyance for value, and that there are no other agreements, oral or written, regarding the
ownership of the land described herein.
NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer.
6. The effect of a deed dated March 15, 2010, executed by Judith A. carroll, an individual, as to an
undivided 7 .5% interest, as Grantor, to Judi A. carroll, Trustee of the Judi A. carroll Living Trust,
dated May 28, 2009, as Grantee, recorded April 13, 2010, as Instrument No. 2010-0180530 of Official
Records.
The requirement that this office be furnished with the evidence that the deed was an absolute
conveyance for value, and that there are no other agreements, oral or written, regarding the
ownership of the land described herein.
NOTE: Unable to verify If the above referenced "uninsured" deed is a valid transfer.
7. The effect of a deed dated March 15, 2010, executed by Judi A. carroll, Trustee of the Judi A. carroll
Living Trust, dated May 28, 2009, as to an undivided 7.5% interest, as Grantor, to BBK Fes, LLC, a
califomia limited liability company, as Grantee, recorded April 13, 2010, as Instrument No. 2010-
0180531 of Official Records.
The requirement that this office be furnished with the evidence that the deed was an absolute
conveyance for value, and that there are no other agreements, oral or written, regarding the
ownership of the land described herein.
NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer.
8. The effect of a deed dated May 18, 2014, executed by Leor Lakritz and Ophira 5 Lakritz, as Grantor,
to Lakritz Family Partnership, LP. a california limited partnership, as Grantee, recorded June 10,
2014, as Instrument No. 2014-0237601 of Official Records.
The requirement that this office be furnished with the evidence that the deed was an absolute
conveyance for value, and that there are no other agreements, oral or written, regarding the
ownership of the land described herein.
NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer.
9. Water rights, claims or title to water, whether or not shown by the public records.
10. Rights of parties in possession.
Rrst American Tttle
Page 3 of 15
_,
Order Number: DIY-5482072
Page Number: 4
Prior to the Issuance of any policy of title Insurance, the Company wlll require:
11. With respect to Lakritz Family Partnership, LP., a california limited partnership:
a. That a certified copy of the certificate of limited partnership (form LP-1) and any amendments
thereto (form LP-2) be recorded in the public records;
b. A full copy of the partnership agreement and any amendments;
c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
d. Other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require.
12. With respect to BBK Fes, LLC, a califomia limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a califomia limited liability company, that a certified copy of its articles of organization (LLC·
1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC·S) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordatlon by the Company
or upon which the Company is asked to rely, that such document or instrument be executed in
accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected pursuant to
the terms of a written operating agreement, such document must be executed by at least two duly
elected or appointed officers, as follows: the chairman of the board, the president or any vice
president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in the
articles of organization and/or duly elected pursuant to the terms of a written operating agreement,
such document must be executed by at least two such managers or by one manager if the limited
liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require
13. With respect to CARROLL UVING TRUST, DATED MAY 28, 2009 :
a. A certification pursuant to Section 18100.5 of the califomia Probate Code in a form satisfactory to
the Company.
b. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
c. Other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require.
Rrst Ameria,n Title
Page 4 of 15
,. .
INFORMATIONAL NOTES
Order Number: DIV-5482072
Page Number: 5
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth In any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exdusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. General and special taxes and assessments for the fiscal year 2016-2017.
First Installment: $1,837.68, PAID
Penalty: $0.00
Second Installment: $1,837.68, PAID
Penalty: $0.00
Tax Rate Area: 09098
A. P. No.: 203-293·06-00
2. The property covered by this report is vacant land.
3. According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
4. We find no open deeds of trust. Escrow please confirm before closing.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Page 5 of 15
LEGAL DESCRIPTION
order Number: DIV-5482072
Page Number: 6
Real property in the City of carlsbad, County of San Diego, State of califomia, described as follows:
LOTS 1 THROUGH 3 INCLUSIVE, IN BLOCK I OF CARLSBAD, IN THE CT1Y OF CARLSBAD, COUNlY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF
THE COUNlY RECORDER OF SAN DIEGO COUNlY, MAY 2, 1888.
APN: 203-293--06-00
First American Title
Page 6 of 15
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NOTICE
_ _.,,
Order Number: DIV-5482072
Page Number: s
Section 12413.1 of the califomia Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub·
escrow capacity, wait a specified number of days after depositing funds, before recording any documents in
connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer
to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be
disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more,
please use wire transfer, cashier's checks, or certified checks whenever possible.
Rrst American Title
Page 8 of 15
,,. ....... -Order Number: DJV-5482072
Page Number: 9
INCOMING DOMESTIC WIRE INSTRUCTIONS
Beware of cyber-atmel If you receive an e-mail or any other communication that appears to be
generated from a First American Title Company employee that contains new, revised or altered bank wire
instructions, consider it suspect and call our office at a number you trust.
** Our Wire Instructions Do Not Change. **
Funds from other than buyer or seller: Other than funds from a designated lender, real estate agent
or broker, or the attorney of record, we will only accept incoming wires that are from the buyer or seller
on a transaction. Other third party deposits not accompanied by appropriate instructions will be returned
to the remitter.
Funds from a U.S. Bank: Funds should be wired from a bank within the United States. Notify our
office at (619)238-1776 when you have transmitted your wire.
Funds from a non-u.s. Bank: If your funds are being wired from a non-U.S. bank, additional charges
may apply. Contact our office for Incoming International Wiring Instructions.
ACH Transfers are NOT wire transfers: An ACH transfer is not immediately available funds and
requires additional time for clearance. An ACH transfer cannot be accepted for an imminent closing.
Acceptance of ACH transfers are subject to state law. Contact our office at (619)238-1776 prior to
sending funds by ACH transfer.
contact our office at (619)238-1776 when funds are sent.
PAYABLE TO:
BANK:
ADDRESS
ACCOUNT NO.:
ROUTING NUMBER
First American Title Company
First American Trust, FSB
5 First American Way, Santa Ana, CA 92707
3008270000
122241255
PLEASE REFERENCE THE FOLLOWING:
PROPERlY: Vacant Land, Carlsbad, CA 92008
ALE NUMBER: DIV-5482072
ARST AMERICAN TRUST, FSB CONTACT INFO: Banking Services (877)600-9473
WIRES MAY BE RETURNED IF THE FILE NUMBER
AND PROPERTY REFERENCE ARE NOT INCLUDED
First American T,t/e
Page 9 of 15
--' Order Number: DIV-5482072
Page Number: 10
l!XHIBlT A
UST OF PRINT1!D l!XCEPTlONS AND l!XCI.USIONS (BY POUCY TYPE)
CLTA STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of !his policy and lhe C:Ompany will not pay loss or damage, oosts,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (Including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (II) lhe character, dimensions or
location of any improvement now or hereafter erected on the land; (Ill) a separation in ownership or a change In lhe
dimensions or area of lhe land or any pan:el of which the land is or was a part; or (Iv) envlronmental protection, or the effect
of any vlolation of lhese laws, ordinances or governmental regulations, except to the extent !hat a notice of lhe enforcement
!hereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been
reoorded In lhe public records at Date of Policy.
(bl MY governmental police power not excluded by (a) above, except to lhe extent !hat a notice of lhe exercise !hereof or notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting lhe land has been reoorded In the
public records at Date of Policy.
2. Rights of eminent domain unless notice of lhe exercise thereof has been reoorded In the public reoords at Date of Polley, but not
excluding from coverage any taking which has occurred prior to Date of Polley which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse dams or other matters:
(a) whether or not recorded In lhe public records at Date of Polley, but created, suffered, assumed or agreed to by lhe Insured
dalmant;
(bl not known to the c:ompany, not recorded In the public records at Date of Policy, but known to lhe Insured claimant and not
disclosed In writing to the C:Ompany by lhe Insured claimant prior to the date the Insured claimant became an insured under
this policy;
(c) resulting In no loss or damage to the Insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained If !he insured claimant had paid value for the Insured
mortgage or for lhe estate or interest insured by !his policy.
4. unenforceablllty of lhe lien of lhe insured mortgage because of the inability or failure of the Insured at Date of Polley, or the Inability
or failure of any subsequent owner of lhe Indebtedness, to a,mply wllh the applicable doing business laws of lhe state In which lhe
land Is situated.
5. Invalidity or unenforceabillty of lhe lien of lhe Insured mortgage, or claim !hereof, which arises out of the transaction evidenced by
the insured mortgage and Is based upon usury or any oonsumer cred~ protection or tru1h In lending law.
6. MY claim, which arises out of the transaction vesting In the insured lhe estate of interest Insured by !his policy or lhe transaction
creating the Interest of lhe Insured lender, by reason of lhe operation of federal bankruptcy, state insolvency or similar aeditors'
rights laws.
EXCEPTIONS FROM COVERAGE • SCHEDULE B, PART I
This policy does not Insure against loss or damage (and the c:ompany will not pay oosts, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by lhe reoords of any taxing aulhorlty that levies taxes or assessments
on real property or by lhe public reoords.
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, reoords.
2. MY facts, rights, Interests, or claims which are not shown by the public records but which oould 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 lhe public reoords.
4. Discrepancies, conflicts in boundary lines, shortage In area, enaoachments, or any other facts which a oorrect survey would
disclose, and which are not shown by the public rea,rds.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts aulhorlzing lhe issuance thereof; (c) water rights,
claims or title to water, whelher or not the matters excepted under (a), (bl or (c) are shown by the public reoords.
6. MY lien or right to a lien for services, labor or material not shown by the public reoords.
CLTA/ALTA HOMEOWNER'S POLICY OF T1TI.I! INSURANCE (12·02-13)
EXCLUSIONS
In addition to lhe Exceptions in Schedule B, You are not insured against loss, oosts, attorneys' fees, and expenses resulting from:
1. Governmental police power, and lhe existence or vlolatton of those portions of any law or government regulation ooncemlng:
a. building;
b. zoning;
c. land use;
First American Title
Page 10 of 15
EXHIBITA
Order Number: DIV-5482072
Page Number: 10
UST Of PRINTED EXC!PTIONS AND EXQ.USIONS (BY POLICY lYPE)
CLTA STANDARD COVERAGE POUCY -1990
EXO.USIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, rosts,
attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (indudlng but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (I) the oocupancy, 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 Polley.
(bl Any governmental police power not exduded by (a) above, except to the extent that a notice of the exercise thereof or notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been rerorded in the
public records at Date of Polley.
2. Rights of eminent domain unless notice of the exercise thereof has been rerorded in the public records at Date of Policy, but not
excluding from coverage any taking which has ooculTed prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse daims or other matters:
(a) whether or not rerorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Polley, but known to the insured dalmant and not
disclosed In writing to the Company by the Insured dalmant prior to the date the insured claimant became an Insured under
this policy;
( c) resulting in no loss or damage to the insured daimant;
( d) attaching or created subsequent to Date of Polley; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or Interest insured by this policy.
4. Unenforceablllty 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 rompty with the applicable doing business laws of the state in which the
land is situated.
5. Invalidity or unenforceabillty of the lien of the Insured mortgage, or dalm thereof, which arises out of the transaction evidenced by
the Insured mortgage and Is based upon usury or any ronsumer aedlt protection or truth In lending law.
6. Any claim, which arises out of the transaction vesting In the insured the estate of Interest Insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not Insure against loss or damage (and the Company will not pay CX>sts, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public, rerords.
2. Any facts, rights, Interests, or claims which are not shown by the public records but which rould 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 rerords.
4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a rorrect survey would
disclose, and which are not shown by the public rerords.
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), (bl or (c) are shown by the public rerords.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (12·02·13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, CX>sts, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation of those portions of any law or government regulation ronceming:
a. building;
b. zoning;
c. land use;
First American Tttle
Page 10 of 15
•
Order Number: DIV-5482072
Page Number: 11
d. improvements on the Land;
e. land division; and
f. environmental protectian.
This Exclusion does not llmlt the coverage described in c.overed 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 c.overed Risk 14 or 15.
3. The right to take the Land by condemning It This Exclusion does not limit the ooverage described in c.overed Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are reoorded in the Public Records;
b. that are Known to You at the Polley Date, but not to Us, unless they are reoorded In the Public Records at the Polley Date;
c. that result In no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage clesaibed 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 toud1 the Land.
This Exclusion does not limlt the coverage clesaibed In c.overed Risk 11 or 21.
7. The transfer of the 11tle 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.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a per.;on or an Entity exercising a right to extract or develop minerals, water, or any other substances.
UMITAUONS ON COVERED RISKS
Your Insurance for the following c.overed Risks is limited on the Ownefs Coverage statement as follows:
For c.overed Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Umlt of Liablllty shown In Sdledule A.
The deductible amounts and maximum dollar llmlts shown on Sdledule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
YoYc Qedud:jble Amount
1 % of Policy Amount Shown In Sdledule A or $2,500
(whichever Is less)
1 % of Policy Amount Shown in Sdledule A or $5,000
(whichever is less)
1 % of Policy Amount Shown In Sdledule A or $5,000
(whichever Is less)
1 % of Policy Amount Shown In Sdledule A or $2,500
(whichever Is less)
2006 ALTA LOAN POUCY (06·17·06)
EXCLUSIONS FROM CXlVERAGE
Our Maximum Dollar Limit of Liobillty
$10,000
$25,000
$25,000
$5,000
The folloWlng matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation {lnduding those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(I) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(Iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exduslon l(a) does not modify or limit the coverage
provided under c.overed Risk s.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under c.overed Risk 6.
2. Rights of eminent domain. This Exduslon does not modify or llmlt the coverage provided under Covered Risk 7 or 8.
3. Defects, llens, encumbrances, adverse dalms, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oalmant;
(b) not Known to the Company, not recorded in the Public Records at Date of Polley, but Known to the Insured Claimant and not dlsdosed In
writing to the Company by the Insured Qalmant prior to the date the Insured Claimant became an Insured under this policy;
Rrst Ameria,n Tttle
Page 11 of 15
-Order Number: DIV-5482072
Page Number: 12
( c) resulting in no loss or damage to the InStJred Claimant;
(d) attaching or aeated subsequent to Date of Polley (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
( e) resulting In loss or damage that would not have been StJStained If the InStJred Oaimant had paid value for the InStJred Mortgage.
4. Unenforreablllty of the lien of the Insured Mortgage because of the inablllty or failure of an lnStJred to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforreabillty 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 uStJry or any consumer credit protection or truth-In-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the litie for real estate taxes or assessments Imposed by governmental authority and aeated or attaching between Date of Policy
and the date of recording of the Insured Mortgage In the Public Records. This Exclusion does not modify or limit the coverage provided under
Covered Risk ll(b).
The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
(Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs,
attorneys' fees or expenses, that arise by reason of:
[PART I
[The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also Include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may reStJlt in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Titie that would be disclosed by an accurate and
complete land StJrvey 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
titie to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. My lien or right to a lien for services, labor or material not shown by the public records.
PARTD
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the foUowing matters, and the Company insures against loss
or damage sustained In the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(Ill) the subdivision of land; 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.
(b) Any governmental police power. This Exclusion l(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) aeated, suffered, assumed, or agreed to by the InStJred Oalmant;
(b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Oalmant and not disclosed In
wrtting to the Company by the Insured Oalmant prior to the date the Insured Oaimant became an Insured under this policy;
First American Title
Page 12 of 15
-,.....
Order N~r: DJV-5482072
Page Number: 13
(c) resulting in no loss or damage to the Insured Oalmant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting In loss or damage that would not have been sustained If the Insured Oaimant had paid value fur the Title.
4. My claim, by reason of the operation of -ral bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown In Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(bl a preferential transfer fur any reason not stated in Covered Risk 9 of this policy.
5. MY lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Polley
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 funm may be Issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exduslons ftom
Coverage, the Exceptions ftom Coverage In a Standard Coverage policy will also include the following Exceptions ftom 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:
(The above policy funm may be Issued to afford either Standard Coverage or Extended Coverage. In additioo to the above Exdusions ftom
Coverage, the Exceptions ftom Coverage in a Standard Coverage policy will also Include the following Exceptions ftom Coverage:
l. (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 resu~ In taxes or assessments, or notloes of such
prooeedings, whether or not shown by the records of such agency or by the Public Records.
2. My facts, rights, Interests, or dalms that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons In possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. My enaoachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining dalms; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, dalms or
title to water, whether or not the matters excepted under (a), (bl, 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.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07•26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded ftom the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
l. (a) Any law, ordinance, pennlt, or governmental regulation (lndudlng 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;
(Ill) the subdivision of land; or
(Iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exduslon l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(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), 13(d),
14 or 16.
2. Rights of eminent domain. This Exduslon does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse dalms, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oalmant;
(bl not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Oalmant and not disclosed in
writing to the Company by the Insured Oalmant prior to the date the Insured Oaimant became an Insured under this policy;
(c) resulting In no loss or damage to the Insured Oalmant;
(d) attaching or created subsequent to Date of Polley (however, this does not modify or limlt the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained If the Insured Oalmant had paid value fur the Insured Mortgage.
4. unenfurceabllity 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 ~ated.
5. Invalidity or unenfurceability 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 dalm of Invalidity, unenfurceabliity or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Rrst American ntte
Page 13 of 15
-Order N-.r: DIV-5482072
Page Number: 14
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 limlt the coverage provided In Covered Risk 11.
7. Any lien on the Tille for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date of
Poley. This ExdJsion does not modify or limit the coverage provided In Covered Risk U(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 Exduslon does not modify or limit the coverage provided In Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, Is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
1 o. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
First American TJtle
Page 14 of 15
:.:.:i;: I Fust American 1itle
Prtvllcylad'orn.-Hon
We Are Conntlllld to 5al'egnardkag a.tomer' Information
Order Nllfflrier: DIV-5482072
Page Number: 15
In order to betb!r serve yoc.r needs now and in the fub.n, we may ask you to provide us 'll'ith certain lnformatjon, We understand that you may be concemed about what we wiH do wfth such
Information -pa,tlcular1y any personal or financial information. we agree that vou have a right to know how we ¥1111 utilize the personal lnfmnaUon you provide to us. Therefore, tDgether with our
subsidiaries we have adopted thlS Pl'fVKV Polity to gc:wern the use and handling d yoc.r personal lnrormatton. --This Privacy Poley governs our use rl the informatk>n that you provide to us. It dOeS not govern the manner In which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. Ftrst American has also adopted broader guidelines. that govern <U use or personal lnfonnatlon regardless of Its source.
Arst American calls theSe guideMnes Its Fair Information Values.
Ty,-olln-
Dependlng upon whkh of our services you are utlllzlng, the types rl nonpublic personal Information that we may collect Include:
• Informatton we reaive from you on applltationS, forms and In other communications to us, whether In writing, In pe,son, by telephone or any other means;
• Information about your 1:n1nsacuons with us, our affiliated companies, or others; and
• lnfOnnltion we reoeive from a oonsumer reporting agency. _.,_
We request lnfonnatlOn from you for our own legmmate buSlness pwposes and not for the benefit or any nonafflllated party. Tllen!l'ore, we will not retease your tnronnatton to nonafflllatl:!d pal'l1es
except: (1) as necessary for us to provide the product or servfce you have requested rJ us; or (2) as permitted by law. we may, however, store such lnfonnatlon lndeflnHBy, lndudlng the period
after which anv rustaner relatiOnShlp ha,s ceased. Such Information may be used for any internal purpose, such as quality control efforts or W9tomer analysis. We may also provide aH rl the types rl
nonpoollc personal information liStl!d above to one or more rl our affiliated ccn1)1!1ries, 5uCh affillab!d companies lndude financial service pro¥lders, such as title inSUrers, property and casualty
Insurers, and trust and ilMstment advisofy a>mpanles, or a,mpaoies lmdYed In real estate serw:es, such as appraisal canpanles, home warranty companies and escrow companies. Furthermore,
we may also provide aH the lrtonnat:ion we collect.. as described above, to companies that perfcrm mar1'eting servk:eS on our behalf, on behalf of our affiliated companies or to other financial
lnslltutlons with whOm we or our afflllate::I companies have jOlnt markdlng agreements.
~Q ....
Even If you cWe no longer our c:ustDmer, our Privacy Polley wil c:ontlnue to apply to you.
confld••tlallt, and S.::Urtty
We will use our belt efforts to ensure that no unauthorized parties have access to any of your Information. We n!!Strict access to nonpublc personal information about you to thosll!! individuals and
entitles who need to know that lnformatkln to provide products or serviceS to you. We will use our best efforts to train and oversee our erf1)klyeeS and agents to ensure that your information will be
ha~ responsibly and in aa:on:lance with this Prtvacy Polley and First Amertcan's Fair Information Values. We Clffl!fltly maintain physical, etectronlc, and procedural safeguards that comply wil:h
federal regulatlons to guard yoc.r nonpublic personal information. , __ Th ___ _
First American Anandal Corporation Is sensitive to pnvacy Issues on the Internet. we believe It is lll1)0rtant you know how we treat the information about you we receive on the Internet.
In general, you can visit Arst: American or Its affiliates' Web sites on the WOrfd Wide Web without telling us v.M you are or reveallng any Information about yourself. OUr Web servers collect the
domain names, not the e-maB addresses, of visitors. This information Is aggregated to rnusure the number d visits, average time spent on the site, pages vlelwed and slmllar lnfonnaHon. FirSt
American uses this lnfOrmatlOn to measwe the use of our site and tD develop ideas tD irnproye the o::>nt8lt of our Site.
There are times, however, when we may need WormatiOn from you, such as your name and email addre95, When lnfcnnatkln Is needed, we wiR u,e our best efforts to let you know at the time of
collection how we wll use the ptnOr'181 lnfonnation. Usually, the personal infonnatton we coUed: Is used onty by us tD respond tD your Inquiry, pn,x:ess an order or allow you tD access spedflc
aa:ount/profHe Information, If you choose to share a,rr personal information with us, we will only use It In attOJdance with the pokies outiined above. --First AmeriCan Financial Corporation's Sile and Its affiliates' site$ may c.ontaln ltnks tD other Web sites. WhNe we lry to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the prtyacy pract:iCeS employed by other Sites • .,_..
Some of First American's Web sites may make use of •cookie• technology to measure site activity and to c:ustorrue Information to vour pe,sonal tastes. A cookie is an element of data that a Web slt:!l
c.an send to your browser, which may then store the cookie on your hard drtve.
ficMm com uses stofed rookies. The goal cl thlS technology iS to better serve you when vlslfi1g our site, save you time when you are here and tD provide you with a more meaningful and
produc:ttve W«J site experience.
Fair Jailfo,,unallon. vatu. falrnw We mnsider ccnsume. ecpectatk>IIS about thetr privacy In al our buslnesSeS. We only offer products an:! se,vla!s that assure a favorable balance between consumer benefits and consumer
privacy.
Publle Remrd we belleYe that an open publk recom aeates slgnlftcant'<Gk,e for soctetv, enhances consumerchok:e and aeates consumer opportunity. We actively support an open publlc rea>rCI
and emphasize Its importance and conlrtbutlon to our economy. u.. we belk!ve we should behave responsibly when we. use information about a conuner In 011 bu!SlneSS. We wlN obey the laws governing the mllection, use and dlssemlnation of data. Aa::uuKf We wlH take reasonable steps tD help asue the accuracy ti the data we c:olect, use and dlSseminate. Where p0S$i>le, we will take reasonabe steps to correct Inaccurate Information.
When, as with the pw1c record, we cannot correct macante Information, we wll take al reasonable steps to assist consumers in ldendfylng the source cl the erroneous data so that the consumer
can secure the required tom!Ctlons. Education we endeavor to educate the users ti our products and serw:es, oor employees and others In our lnrustJY about the lmportanee cl consuner prtYacy. we wil lnsbuCl our employees on
our fair illformadon values and on the responsbe collection and use of data. we will encoun,ge others In our indU!ltry to collect and U9e infonnatlon In a responslble manner.
Sac:u,ttv we will maintain appropriate fadlitles and systems to prob,Ct against unauthorized access to and corruption d the data we malnUlln.
Form SO-PRIVACY (9/1/10) Page l d l Pr1vacy Information (ZOO! ·2010 First American Financial ColpOrallon)
First American Tttle
Page 15 of 15
Exhibit "A"
Legal Description
A.P.N.: 203-293-06-00
Real property in the City of cartsbad, County of San Diego, State of califomia, described as follows:
LOTS 1 THROUGH 3 INCLUSIVE, IN BLOCK I OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888.