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HomeMy WebLinkAboutAV 04-04; NOWICKI CONDOMINIUM CONVERSION; Administrative Variance (AV) (9)O •1 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) AvO4-c4 Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment E Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit fl Specific Plan Tentative Paroc! Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not 2) ASSESSOR PARCEL NO(S).: - 216-240-07 3) PROJECT NAME: Nowicki Condominium Conversion 4) BRIEF DESCRIPTION OF PROJECT: Condominium Conversion for existing duplex 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) Vince & Megan Nowicki Same MAILING ADDRESS MAILING ADDRESS 8044 Camino Montego Same CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 (760) 635-5977 Same I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORRE I TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE I 7) BRIEF LEGAL DESCRIPTION - .Lot 5 ©.Map 6533 t\/ NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 Rev. 05/03 . PAGE 1 OF 2 o 8) LOCATION OF PROJECT: STREET ADDRESS 2426 & 2428 ON THE North ii SIDE OF Torrej on Place (NORTH, SOUTH, EAST, WEST) (NAME OF STREE BETWEEN I Levante AND Levante (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 6 1 10) PROPOSED NUMBER OF LOTS 1 ]11) NUMBER OF EXISTING [ 2 12) PROPOSED NUMBER OF RESIDENTIAL UNITS RESIDENTIAL UNITS 2 13) TYPE OF SUBDIVISION 1 14) PROPOSED IND OFFICE/ 15)' I 15) PROPOSED COMM 1RESJ SQUARE FOOTAGE I SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN 18) PROPOSED SEWER PROJECT IN OPEN SPACE N/A ADT N/A USAGE IN EDU L 2 19) GROSS SITE ACREAGE 20) EXISTING GENERAL. 21) PROPOSED GENERAL . .45 PLAN RM PLAN DESIGNATION LRM 22) EXISTING ZONING 23) PROPOSED ZONING R2 R2 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT j THIURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION AI'1LILA I ION IYFE FEE HEQUIF(ED APR 0 7 2004 CITY OF CARLSBAD DATENA RECEIVED TOTAL FEE REQUIRED zczv A •1 DATE FEE PAID RECEIPT NO. I Form 16 Rev. 05/03 PAGE 2 OF 2 [IJ I ARM 11MRSim 1455 Frazee Road Suite 600 San Diego, CA 92108 Phone: (619) 686-6000 Vincent Nowicki Our File No: 03678058 - 499 - 674 2426 Torrejon Title Officer: Betty Harper Carlsbad, Ca. 92009 (bharper@landam.com ) Phone: (619) 725-3252 Fax: (619) 299-1718 Attn: Vincent Nowicki Your Reference No: Condo Conversion Property Address: 2426-28 Torrejon Place, Carlsbad, California PRELIMINARY REPORT Dated as of November 21, 2003 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. Copies of the Policy forms should be read. They are available from the office which issued this report. - This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CLTA Preliminary Report (Rev. 1-1-95) Page 1 I File No: 03678058 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Vincent Nowicki and Megan Nowicki, husband and wife as joint tenants The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 03678058 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Lot 225 of La Costa South, Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6533, filed in the Office of the County Recorder of San Diego County, November 3, 1969. Assessor's Parcel Number: 216-240-07 Page 3 . I File No: 03678058 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2003 2004. 1st Installment: $2,938.82 Paid 2nd Installment: $2,938.82 Not Paid This amount is valid until April 10, after which penalties apply Penalty (including cost): $303.88 Due with installment amount if paid after April 10 Exemption: $7,000.00 Code Area: 09047 Assessment No.: 216-240-07 B. Said general and special taxes also secure the payment of assessments under the Bond Improvement Act of 1915. C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Covenants, conditions and restrictions as set forth in the document Recorded: November 3, 1969 as File No. 201943 of Official Records This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: La Costa De Marbella Homeowners Association Purpose: To construct and maintain tie back anchors and drains on slope Recorded: July 27, 1998 as File No. 1998-0465783 of Official Records Affects: said land more particularly described therein. Page 4 I File No: 03678058 3. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $524,000.00 Dated: September 11, 2003 Trustor: Vincent Nowicki and Megan Nowicki, husband and wife as joint tenants Trustee: United Title Beneficiary: IndyMac Bank, F.S.B., a federally charted savings bank Recorded: September 24, 2003 as File No. 2003-1176760 of Official Records 4. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $30,000.00 Dated: September 11, 2003 Trustor: Vincent Nowicki and Megan Nowicki, husband and wife as joint tenants Trustee: United Title Beneficiary: IndyMac Bank, F.S.B., a federally charted savings bank Recorded: September 24, 2003 as File No. 2003-1176761 of Official Records Said deed of trust recites that it secures a line of credit. If the line of credit is to be paid off in this transaction, this Company will require that the written demand for payment state that the line of credit has been frozen and that the demand is not subject to increase for any additional advances or draws. Accordingly, it is recommended that any request for a payoff demand statement advise the beneficiary of our requirement, and that the request be accompanied by: the borrower's written request to freeze the line of credit, the surrender of any unused checks or drafts, and anything else that may be required by the lender in order to issue an unconditional demand. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 5 . I File No: 03678058 REQUIREMENTS SECTION: NONE Page 6 . I File No: 03678058 Typist: ssl Date Typed: December 8, 2003 Page 7 Exhibit B (Rev. 214/02) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY— 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay toss or damage, coats, attorneys fees or expenses which arise by reason at I (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment ofthe land (ii) the character, dimensions or location ofany improvement now or hereafter erected on the land (iii) a separation in ownership or a change is the dimensions or area ofthe land or any parcel ot'which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) Resulting in no loss or damage to the insured claimant; (d) Attaching or created subsequent to Date of Policy; or (c) 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 lineuforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with the applicable doing business laws of the state in which the laud is situated. 5 Invalidity or unenforceability, of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6 Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records ofsuch agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shorta,ge in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17198) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from. I. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning a. building b. zoning C. land use d. improvements on the Land land division f. environmental protection This Exclusion dons not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2 The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply 10 violations of building codes if notice of the violation appears in the Public Records at the Policy Date 3 The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy date and is binding on You if You bought the Laud without knowing of the taking. 4 Rinks. a. that are crested, allowed, or agreed 10 by You, whether or not they appear in the Public Records; b. that are known to You at the Policy Date, but 00110 Us, unless they appear in the Public Records at the Policy Date, C. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8d, 22,23.24 or 25. 5 Failure to pay value for Your Title. 6 Lack of a right. a to any land outside the area specifically described and referred to in paragraph of Schedule A; and b. in streets alleys, or waterways that touch the land. This Exclusion dons not limit the coverage described in Covered Risk II or 18 AMERICAN LAND TITLE ASSOCIATION - RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you one not insured against loss, costs, attorneys' fees, and expenses resulting from. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • Land use • Improvements on the land • Land division • Environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless; • A notice of exercising the right appears in the public records on the Policy Date • The taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: • That are crested, allowed, or agreed to by you • That are known to you, but not to us, on the Policy Date - unless they appeared in the Public Records • That result in no loss to you • That first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item of Covered Title Risks 4 Failure to pay value for your title. 5 Lack of a right • To any land outside the area specifically described and referred to in Item 3 of Schedule A - - OR • In streets, alleys, or waterways that touch your lurid This exclusion does not limit the access coverage in Item of Covered Title Risks . . AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation effecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; - (b) not known to the Company, 001 recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements coder construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or snenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work which at Date of Policy the insured has advanced or is obligated to advance 7. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this Policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of eqnitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a pre (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or ajndgment or lien creditor The above policy forms 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 General Exceptions. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or espouses) which arise by reason of I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records of such agency or by the pubic records. 2. Any facts, rights, interests or claim which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, which are not shows by the public records. 4. Discrepancies, conflicts is boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. S. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) And AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay Ions or damage, costs, attorneys' fees or expenses which arise by reason of I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area _of the land or any parcel of which the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lies or encumbrance resulting from a violation or alleged violating affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant' (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed is writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by the policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (t) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to import notice to a purchaser for value or ajndgrnent or lien creditor The above policy forms 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 General Exceptions. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of. I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records ofsuch agency or by the pubic records. 2. Any facts, rights, interests or claim which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof 3 Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records . I ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (it) 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 areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 ofthis Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded lathe Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no lots or damage to the Insured Claimant; (d) attaching or created subsequent to Date ofPolicy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19,20, 21, 22,23,24,25 and 26); or (e) resulting in loss or damage which would not have been sustained if the insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lieu ofthe Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become alien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided coder covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, uneuforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk S. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy 09 •SNVNI19 0 NI 02 U 7921 PAF On DOC 02-00050 II •C £ 35 '-4 0- /0. hd 10 '-4 0 l\) SNT. I S AID LAWiA I --)i"vuJLA5 2)2 j/ 822800084-3034324 4(A9-fr ,a., • 240 ......... PM14052 ¼ 4 ______ AR ' N44ZId% /6002 21. n57 . cHANGE LK 0Lf NEW CAJ ±' £ X5 30 8 C0i6 79 447 dd & •— 2 - Z. i5 ?3 /7 0904 34 80/) - S 06924 fri 5(o4- 46 87 540 It '594M Be 490 3, cos 99 651 - 4. 38 AqDm DO 723 _41HR0 iL 34 66157 66 logo - .L CONDO !3 53 CONDO 99 : 32 CONDO 00 21 006/DO 03 592 16 CONDO 04 504 01 : 214 1. N015 6501 503 II) 0*000 16/CU/DES 224 MUD 112 2442-2444 100196.134 Pt. 16/ COMMON 21/CA 000 87-801848 'AR 240(8400 IO6CONO0 PAR.I OFPt/IOl4 LO I, ________________ LOT 23B, MAP 6588. DOC 03-005463 DOCOS 559485 3'CONOO PAR A OR PMI23 -°24229UR62)S CT. 000 82-386784 7r 000. 82-334813 12. (XE/DO 4* CONDO PAR I PM 11985 LOT 504. MAP 6533 000 91-020158 215 6030L C0N0E45 _ 00C83-3II5I2 13. CONDO CARLSBADMSn42 8$ CONDO POC. 93-589228 WROOS VILLAS 04. Cal/DOd, S.. DOG 85-083344 CONDOS -J 0-(CONDO PEND) 03.006/00 216 DOC. 55- l33IR CR151364 '6 coioo DOSS 90-424251 DERICF6M14376 & 451295 TORREJ4 p_ 16. 031/DO 242202424 70996.09 Dcx. 015 223784 JA I34 i-s 99 99 6 CONDO 0005 70-332919 0 PAR I OF PM 14052 6 80-274309 #3 DCC. 80-008491 07. 003/DO LEVANTEST 217 00031-853229 Iiz . € MAP 7921-CARLSBAO TRACT NO.73-7 • 14o 3 HAP 6533 - LACOSTA- SOUTH )PO" 219 P. UNIT NO.3 LOTS 207-259 St OR .:POR2IB :60 )5HT2 • __ .iO41 2J _.__ K041238 b PUt8880 ' 216-24 3106 aoi 0 . SHT 1 OF 2 n33 sv 35 5/28/03 MGS a s r9 JN IH L 20 , r•• • 208 PM 10143 SS PM10491 Pm 10143 I . 231 PAR.A _C %246 24I Q 210 /23o I T259 ,.i9.Iai4O. ••4• 1' 16 ... •. •• •'; * 245 PPA1 Y 39 k 7@:r 246 9a ,i*: P RI . 9M13626 :0 ,.ç71PW - 4} 25'BURGO • p1 247 PAR 1 255 b 515 . .t'_ t * ,3i_i,4,p•7 r 248 .8 •.19' - I 6.62 AC. - - -. - ' •, ______________ IS CONDO .- i"249Q) 250 LACDSTADEMARSI1LA 251 .00 (SEE aNt ) PAR 01 4 4 #.225/1u1/l* /,•••..• 2$ 2. 0.51 AD PAR. A .j(i10 fl I • FR/U, 224 i223 0222 7*'• 022 1 ®220 U TORI '8 3/ 88 RR.IS L va.uza \12 1SHT 2 I ¼45 lOT 1 U S 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: NOWICKI VINCE AND MEGAN Description Amount 04/07/04 / AVG 40004 495.00 Receipt Number: P.0041526 Transaction Date: 04/07/2004 Pay Type Method Description Amount Payment Check 176 495.00 Transaction Amount: 495.00 cZe ie t~l qr? V Cit f I bad DISCLOSURE STATEMENT 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, finn, 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 aiing as a unit" Agents may sign this docurnent,howevei, the legal mine aàd entity of* the applicant and owner owner must be proyided below. . . :. . . APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. ..ff.. 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.) PersonVince & Megan Mowicki Corp/Part Title Owners Title_ Address 2426 Torrejon Place Address..... 2. OWNER (Not the owner's agent) . Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, 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 Vince & Megan £Jowicki Corp/Part - Title Owners . Title______________________________ Address 2426Torrelon_Place Address____________________________ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 3. NON-PROE[TGAMZAT1ON OR TRUST If any person identified pursuant to (I) 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 th non-profit organization or as trustee or beneficiary of the. Non Profit/Trust N/A . Non Profit/Trust______________________ Title Title_________________________________________ Address : Address__________________________________ 4. Have you had more than $250. worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? F] Yes [] No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 JUSTIFICATION FOR VARIANCE 0 By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: See Attachment 2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: See Attachment 3. Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: See Attachment 4. Explain why the granting of such variance will not adversely affect the comprehensive general plan: See Attachment • • • , , G , • 4.,..... 4,.,.... , , , , , • , , , , Form 3 Revised 01/04 Page 4 of 4 3. 300 Foot Radius Map for Administrative Variance 600 Foot Radius Map for Variance A map to scale not less than 1" = 200' showing each lot within a 300 foot radius for Administrative Variance and 600 feet for a Variance 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 Planning Director if the required scale is impractical. • • • • • • • •. • • • • • • • • • • • •44•••••• • • • , • • • • • • • • Form 3 Revised 01/04 Page 3 of 4 . I JUSTIFICATION FOR VARIANCE ATTACHMENT The extraordinary or exceptional circumstances or conditions that are applicable to the subject property, that do not apply to other properties in the vicinity, is the subject duplex was constructed with a three-foot (3') side yard, instead of 7.5 feet. The 3 foot setback occurs at the rear of the duplex adjacent to an existing ten foot (10') storm drain easement. 2. The project is an existing duplex which is proposing to convert to a condominium similar to other duplex properties in the area. The variance is necessary to complete the conversion. 3. The conversion of the duplex will not change the physical attributes or characteristics of the property. It is strictly an ownership change from one (1) owner to two (2) owners. 4. Setbacks are established in the Zoning Ordinance. Granting a variance on the rear side yard setback from 7.5 to 3.0 feet does not adversely affect the comprehensive General Plan. The General Plan discusses land uses, densities, open space, circulation, conservation, public services, seismic safety, scenic and visual resources for example. C i t y o f Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT'­,,' Consultation Of Lists of Sites Relafed To Hazardous Wastes (Certification of Compliance with Government Code Sec.tion 65962.5) • Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): - The development project and any alternatiVes proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. { The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: & Megan Nowicki Name: Same Address: 2426 Torrejon Place Address:________________________________ Carlsbad, CA 92009 (760) 635-5977 Phone Number: _. Phone Number: S Address of Site: 2426 & 2428 Torrejon Place __LocalAgency(Ci1y_andCoiiiity) Carlsbad Assessor's book, page, and parcel number: 216-240-07 Specify list(s): County of-San Diego Regulatory Identification Number: Date of List:April 2002 Ila .1 (0/1 ApSir'" 10117/03 ethate Propert Owner S.i4atire/Date AmiWCount:rfH3ZWaSt 1635 Faraday Avenue • Carlsbad, CA 92008-7314 (760) 602-4600 • FAX (760) 602-8559 . I bhA, Inc. ROD BRADLEY, Urban Planner land planning, civil engineering, surveying RONALD L. HOLLOWAY, Civil Engineer To CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Jessica Simpson From: Rod Bradley Enclosed N Under Separate Cover Date. April 7, 2004 W.O: 681-0910-400 Re: MS03-10 Nowicki Condominium Please Find. Submittal package for Administrative Variance for a reduced side yard setback on an existing duplex El Mail o Messenger Z Hand o In accordance with your request o Please return enclosures o Please telephone me o Please acknowledge with receipt o In accordance with our telephone conversation THESE ARE TRANSMITTED as checked below: Via E] For your information z For approval o For Checking o For your files o Please Sign o Please forward E] Please notarize o Please record E] Please comment Comments. cc 5115 Avenida Encinas, Suite L 0 Carlsbad, California 92008-4387 0 (760) 931-8700 0 FAX (760) 931-7780