Loading...
HomeMy WebLinkAboutAV 13-02; 6659 Lemon Leaf Drive; Administrative Variance (AV) (2)/:4'~ "'~ ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www .carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Administrative Permit 0 Coastal Development Permit (*) D Minor D Conditional Use Permit (*) 0 Minor 0 Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit (*) 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit D Planning Commission Determination 0 Site Development Plan D Special Use Permit 0 Tentative Tract Map ~ Variance ~ Administrative (FOR DEPT. USE ONLY) Legislative Permits 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0Amendment 0 Specific Plan 0 Amendment D Zone Change (*) 0 Zone Code Amendment List other applications not specified 0 0 D (") = eligible for 25% discount AV l~-o~~ (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 214-631-19-00 -----------------------------------------------------------------PROJECT NAME: 6659 Lemon Leaf Drive -----------------------------------------------------------------BRIEF DESCRIPTION OF PROJECT: Single family residence on Lemon Leaf Drive-Request for variance To allow 5 foot fence to encroach onto front yard setbacks (See application exhibits) BRIEF LEGAL DESCRIPTION: Lot 54 of Carlsbad Tract 98-14( The Bay Collection Phase 1) Unit 2 in City of Carlsbad, County of San Diego, California. LOCATION OF PROJECT: 6659 Lemon Leaf Drive ON THE: BETWEEN P.1 North (NORTH, SOUTH, EAST, WESD Camphor Place (NAME OF STREED SIDE OF AND STREET ADDRESS Camino De Las Ondas (NAME OF STREED Aviara Parkway (NAME OF STREED t>~~ I '0 0\'f P<>n .. 1 nf o:; R .. .,; .. ..n n7/1 n OWNER NAME (Print): Matthew Hayes Krimmer and Tinat Young Krimmer MAILING ADDRESS: 6659 Lemon Leaf Drive -------------------------CITY, STATE, ZIP: Carlsbad, CA 92011 TELEPHONE: EMAIL ADDRESS: henthorn@jhenthorn.com APPLICANTS REPRESENTATIVE (Print): Jack Henthorn APPLICANT NAME (Print): Standard Pacific Homes MAILING ADDRESS: 15360 Barranca Pkwy CITY, STATE, ZIP: Irvine, CA 92618 TELEPHONE: 949-789-1600 -------------------------EMAIL ADDRESS: henthorn@jhenthorn.com ---------------------------------------------------MAILING ADDRESS: P.O. Box 237 CITY, STATE, ZIP: Carlsbad, CA 92018 TELEPHONE: 760438 4090 EMAIL ADDRESS: henthorn@jhenthorn .com T I AM THE LEGAL REPRESENTATNE OF THE D THAT LL THE ABOVE INFORMATION IS TRUE AND B OF MY KNOV\ILEDGE. 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. IN-JE 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 THELAJ/~ZNI?~IN~Sh ~ PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of5 RECE\VED APR 0 4 2013 ClTY OF CARLSBAD PLANNiNG DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 07/10 • Order Number: DCB-1689100 (rrv) Page Number: 1 First American Title Company 6005 Hidden Valley Road SUite 160 z Carlsbad, CA 92011 This report has been amended/updated to reflect the following matters: [ ] No changes made to the report other than the Effective Date [ ] Property address has been revised [ x] Vesting has been revised [ x ] Legal Description has been revised [ x ] Taxes have been updated [ x] Original item number(s) 1 and 4 have been removed [ x] New item number(s) 1, 1a, 19 and 20 have been added [ ] Original item number(s) have been revised [ x ] Other: Info Note No. 1 has been added Rrst American ntle ,\ ~I ~· II I(· ., Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Escrow Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Order Number: OCB-1689100 (rrv) Page Number: 2 Updated First American Title Company 411Ivy Street z San Diego, CA 92101 The Bay Collection Ph 1 -Lot 54 OCB-1689100 (rrv) Roger Vakkers (760)431-8273 (866)908-2069 rvakkers@firstam.com Theresa Pasarnikar (TMP) (858)509-2112 (858)509-0835 x_tpasamikar@firstam.com Newman Standard Pacific Corp. 6659 Lemon Leaf Drive carlsbad, CA PREUMINARY REPORT In response to the above referenced application for a policy of title Insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of 11tle Insurance desaibing 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 Polley forms. The printed Exceptions and Exdusions from the coverage of said Policy or Policies are set forth In Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referTed to below and the exceptions and exdusions set forth in Exhibit A of this report carefully. The exceptions and exdusions 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 amsidered. 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. 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. First American Title • Dated as of January 03, 2013 at 7:30A.M. Order Number: DCB-1689100 (rrv) Page Number: 3 The form of Policy of title insurance contemplated by this report is: ALTA Extended Loan Policy 1992 {!Lender) ALTA Residential Plain Language A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: MATTHEW HAYES KRIMMER AND TINA YOUNG KRIMMER, HUSBAND AND WIFE AS COMMUNnY PROPERTY WITH RIGHT OF SURVIVORSHIP The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee as to Parcel{s) 1, an easement as to Parcel(s) 2 and 3. 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 2013-2014, a lien not yet due or payable. 1a. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District Carlsbad Unified CFD #3. 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. A Notice of Special Tax Lien (Community Facilities District No. 1) as disclosed by an instrument recorded May 20, 1991 as File No. 91-0236959 of Official Records. 4. Intentionally Deleted 5. The fact that said land lies within the Amended Annexation Map No. 1 to boundaries of Community Facilities District No. 3, as disclosed by instrument recorded June 16, 1995 as File No. 1995-0254037 of Official Records, and Amended Annexation Map No.5, recorded September 20, 2001 as File No. 2001-Q676493 of Official Records. First American ntle Order Number: DCB-1689100 (rrv) Page Number: 4 6. The terms and provisions contained in the document entitled "City of Carlsbad Resolution No. 97- 528" recorded July 22, 1997 as Instrument No. 1997-0349124 of Official Records. 7. The fact that said land lies within the Amended Annexation Map No. 3 to boundaries of Community Facilities District No. 3, as disclosed by Instrument recorded March 11, 1999 as File No. 1999-0157103 of Official Records, and Amended Annexation Map No.5, recorded September 20, 2001 as File No. 2001-0676493 of Official Records. 8. The terms and provisions contained in the document entitled "Restrictive Covenant Agreement" recorded February 4, 2002 as Instrument No. 2002-0096680 of Official Records. Executed by and between Standard Pacific Corp., a Delaware Corporation and David B. Thompson and Karen R. Thompson, Trustees. 9. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Poinsetta Lane and Aviara Parkway Transportation Corridors Case No. CT 98-14" recorded April1, 2003 as Instrument No. 2003-0362109 of Official Records. 10. The terms and provisions contained in the document entitled "Notice Concerning Aircraft Environmental Impacts Case No. CT 98-14" recorded April1, 2003 as Instrument No. 2003- 0362110 of Official Records. 11. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 21, 2003 as Instrument No. 2003-<>459091 of Official Records. 12. The terms and provisions of a slope landscape maintenance agreement between Standard Pacific Corp., a Delaware Corporation and Noboru Tabata and Evelyn Tabata, individually and as Co- Trustees of the Tabata Family Trust under Declaration of Trust dated January 14, 1983, recorded August 28, 2003 as File No. 2003-1054067 of Official Records. 13. The terms and provisions contained in the document entitled "Hold Harmless Agreement - Geological Failure" recorded January 28, 2004 as Instrument No_. 2004-0068195 of Official Records. 14. The terms and provisions contained in the document entitled "Hold Harmless Agreement- Drainage" recorded January 28, 2004 as Instrument No. 2004-0068196 of Official Records. 15. A sight distance corridor deed restriction within Lots 50, 53 and 54 as shown or dedicated on the map referred to in the legal description. 16. Any and all offers of dedication, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. First American ntle Order Number: OCB-1689100 (rrv) Page Number: 5 17. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded November 10, 2004 as Instrument No. 2004-1070454 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. 18. An easement for the delivery of multi-channel video, audio, Internet access, and other services that may be delivered over the System to the Property and incidental purposes, recorded November 5, 2004 as Instrument No. 2004-1054077 of Offidal Records. In Favor of: Highland Carlsbad Operating Subsidiary, Inc. d/b/a Adelphia Cable Communications, its successors and assigns The location of the easement cannot be determined from record information. 19. Easements, Covenants and Conditions contained in the deed from Standard Pacific Corp., a Delaware corporation, as Grantor, to Jeremy Newman and Robin Newman, husband and wife as joint tenants, as Grantee, recorded December 29, 2004 as Instrument No. 2004-1222760 of Official Records. Reference being made to the document for full particulars, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 20. A Deed of Trust to secure an original indebtedness of $400,000.00 recorded September 27, 2011 as Instrument No. 2011-0500768 of Official Records. Dated: Trustor: Trustee: BenefiCiary: Lender: September 15, 2011 Matthew Hayes Krimmer and Tinay Young Krimmer, husband and wife as community property with right of survivorship Adelita A. Shubert Mortgage Electronic Registration Systems, Inc., as nominee for Flagstar Bank, FSB. Rrst Amencan Title Order Number: OCB-1689100 (rrv) Page Number: 6 INFORMATIONAL NOTES -" ' ·- 1. General and special taxes and assessments for the fiscal year 2012-2013. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $5,580.61, PAID $0.00 $5,580.61, PAID $0.00 09157 21+631-19-00 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 tenns and provisions of the title insurance policy, if any, to which this map is attached. First American ntle Order Number: OCB-1689100 (rrv) Page Number: 7 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEll: LOT 54 OF Q1Y OF CARLSBAD TRACT NO. CT 98-14, 'THE BAY COLLECTION-UNIT 2," IN THE Q1Y OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 14n3, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, APRIL 29, 2004. EXCEPTING THEREFROM UNTO THE GRANTOR, ALL REMAINING OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND All PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERlY HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILUNG, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID PROPERlY OR ANY OTHER PROPERlY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM PROPERTIES OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERlY HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR UMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE., OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERlY HEREINABOVE DESCRIBED AS RESERVED BY STANDARD PAOFIC CORP., A DELAWARE CORPORATION BY GRANT DEED RECORDED DECEMBER 29, 2004 AS INSTRUMENT NO. 2004-1222760 OF OFFICIAL RECORDS. PARCEL2: NONEXCLUSIVE EASEMENTS FOR USE, INGRESS, EGRESS, ACCESS, REPAIR, DRAINAGE, ENCROACHMENT, OR OTHER PURPOSES, ALL AS DESCRIBED AND/OR DEPICTED IN THE "DECLARATION OF COVENANTS, CONDffiONS AND RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR THE BAY COLLECTION" ("DECLARATION") RECORDED ON NOVEMBER 10, 2004, AS INSTRUMENT NO. 04-1070454, IN THE OFFICIAL RECORDS OF SAN DIEGO COUNlY, CAUFORNIA, AS SAME MAY BE AMENDED AND/OR MODIFIED FROM TIME TO TIME. PARCEL 3: A NONEXCLUSIVE EASEMENT APPURTENANT TO SUCH LOT FOR INGRESS, EGRESS, ACCESS, USE, AND ENJOYMENT ON, OVER AND ACROSS THE ASSOCIATION PROPERlY WITHIN THE PROJECT, AS MORE PARTICULARLY DESCRIBED AND/OR DEPICTED IN THE DECLARATION. First American Title Rrst American Title Order Number: OCB-1689100 (rrv) Page Number: 8 NOTICE Order Number: DCB-1689100 (rrv) Page Number: 9 Section 12413.1 of the California 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. If you have any questions about the effect of this new law, please contact your local First American Office for more details. Rrst American ntle EXHIBIT A Order Number: DCB-1689100 (rrv) Page Number: 10 UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULES EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Arty facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disdose, 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (li) 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. (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 Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Polley, but not excluding from coverage any taking which has occurred prior to Date of Policy which wouk:J be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the insured claimant; {d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by their 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. 2. AMERICAN LAND Tnl.E ASSOCIATION OWNER'S POUCY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such daimant acquired an estate or Interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First Amedcan Title Order Number: DCB-1689100 (rrv) Page Number: 11 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. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B-1970 WITH REGIONAL EXCEPTIONS When the American Land Tltle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE& This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. 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. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. 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 public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-1970 WITH A.L T .A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrid:ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction In the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Polley or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE& This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. 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 public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Order Number: OCB-1689100 (rrv) Page Number: 12 6. AMERICAN LAND TITLE ASSOCIAnON LOAN POUCY-1992 WITH A.L T .A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjOyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Polley 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 (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 the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceabllity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state In which the land Is situated. 5. Invalidity or unenforceabillty 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 related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (I) the 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 docbine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIAnON LOAN POUCY-1992 WITH REGIONAL EXCEPTIONS When the American Land lltle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American ntle Order Number: DCB-1689100 (rrv) Page Number: 13 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses Which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (II) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (lv) 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. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or enrumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubUc records at Date of Policy, but not exdudlng 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, enrumbrances, adverse daims, or other matters: (a) created, suffered, assumed or agreed to by the insured daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not dlsdosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; {d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is based on: (i) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY-1992 WITH REGIONAL EXCEPTIONS When the American Land lltle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons In possession thereof. 3. Easements, claims of easement or enrumbrances which are not shown by the public records. 4. Disaepandes, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or In Ads authorizing the issuance thereof; water rights, daims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POUCY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not Insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: *land use * land division * improvements on the land * environmental protection First American Title Order Number: DCB-1689100 (rrv) Page Number: 14 This exclusion does not apply to violations or the enforcement of these matters which appear in the public remrds at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Tltle Risks. 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public reoords on the Policy Date * the taking happened prior to the Polley Date and Is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date -unless they appeared in the public remrds * that result In no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 Covered Risks 14 (Subdivision Law Violation). IS (BuDding Permit). 16 (Zoning) and 18 (Encroachment of boundary waDs or fences) are subject to Deductible Amounts and Maximum DoUar Limits of Liability EXCWSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. 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 to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and Is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described In Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERA nON EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIAnON EXPANDED COVERAGE RESIDENnAL LOAN POLICY (10/13/01} EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, ll!gulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the Land; (H) 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 First American Title Order Number: OCB-1689100 (rrv) Page Number: 15 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 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) aeated, suffered, assumed or agreed to by the Insured Qaimant; (b) not Known to the Company, not recorded in the Pubi"IC Records at Date of Policy, but Known to the Insured Qalmant and not disclosed in writing to the Company by the Insured Qaimant prior to the date the Insured Qaimant became an Insured under this policy; (c) resulting in no Joss or damage to the Insured Qaimant; (d) attaching or aeated subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Polley, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury, except as provided In Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exduslon does not Umit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A Is no longer the owner of the estate or Interest covered by this policy. This exdusion 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 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 tenns of the Insured Mortgage which changes the rate of Interest charged, if the rate of interest is greater as a result of the modification than It would have been before the modification. This exclusion does not limit the coverage provided In Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE 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: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Uen Endorsement incorporated Into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERAnON EAGLE LOAN POUCY AMERICAN LAND TITLE ASSOCIAnON EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 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: Part One: 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. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, daims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. first American Title Part Two: Order Number: DCB-1689100 (rrv) Page Number: 16 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Uen Endorsement incorporated Into this Polley following Item 28 of Covered Risks: None. Rrst American Title "You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May, 1995 and October 8, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of this Preliminary Report, you do not have to do anything; First American will provide the discount. If your previous transaction involved property different from the property that is the subject of your current transaction, you must inform First American of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform First American of the prior transaction on a property that is not the subject of this transaction, First American has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide First American information concerning a prior transaction, First American is required to determine if you qualify for a discount." Rrst American Title PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with rertain infonnation. We understand that you may be concerned about what we will do with such infonnation -particularly any personal or financial infonnation. We agree that you have a right to know how we will utilize the personal infonnation you provide to us. Therefore, together with our parent oompany, The Arst American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the infonnation which you provide to us. It does not govern the manner in which we may use information we have obtained from any other sourre, such as infonnation obtained from a public record or from another person or entity. Arst American has also adopted broader guidelines that govern our use of personal information regardless of its source. Arst American calls these guidelines its Fair Information Vatu~ a copy of which can be found on our website at www.firs!;am.com. Types of Information Depending upon which d our services you are utilizing, the types of nonpublic personal infonnation that we may collect include: • Information we rereive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request infonnation from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties exrept: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such infonnation indefinitely, including the period after which any customer relationship has ceased. Such infonnation may be used for any internal purpose, such as quality control efforts or custDmer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated oompanies. Such affiliated oompanies include financial servire providers, such as title insurerst property and casualty insurers, and trust and investment advisory oompanies, or oompanies involved in real estate services, sucn as appraisal oompanies, home warranty oompanies, and escrow oompanies. Furthermore, we may also provide all the infonnation we collect, as described above, to oompanies that perform marketing services on our behalf, on behalf d our affiliated oompanies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that infonnation to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your infonnation will be handled responsibly and in accordanre with this Privacy Poliq and Rrst American's Fair Information Values: We currently maintain physical, electronic, and procedural safeguards that oomply with federal regulations to guard your nonpublic personal information. © 2001 The Rrst American Corporation • All Rights Reserved February 4, 2013 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Attn: City Planner .k Henthorn & AssociaA P.O. Box 237 Carlsbad, California 92018-0237 (760) 438-4090 Fax(760)438-0981 Subject: Request for Administrative Variance for fence location in required front yard setback 6659 Lemon Leaf Drive. Enclosed is an application package for the approval of an administrative variance to allow a 5 foot high wooden fence to be installed in the front yard setback at 6659 Lemon Leaf Drive. The application is being filed by the original builder, Standard Pacific Homes, on behalf of the owner and original purchaser of the home, Matthew Hayes Krimmer and Tinay Young Krimmer. At the time the home was constructed, the existing fence was installed in its current location by a fencing contractor employed by Standard Pacific. The City cleared the home for occupancy (final inspection) and the purchasers continue to occupy the property. The discovery that the fence was located in the setback resulted from an owner inquiry regarding an unrelated property matter. It appears that the fence was installed in reliance the wall/corner pilaster locations on the adjoining properties. The fence currently encroaches approximately 436 square feet into the 2665 square foot front yard setback area. This is approximately 16.4 percent. Exhibit 1 to this letter shows the neighborhood surrounding the subject property. The property is irregularly shaped, shares common boundaries with five neighboring properties and is located between two corner lots, whose side yards are adjacent to Lemon Leaf. Exhibit 2 shows the common property corner (northeast) where the northern adjoining property's side yard wall terminates in a masonry pilaster that pre-dates the construction on the subject site. Exhibit 3 shows the common property corner (southeast) where the southern adjoining property's side yard wall terminates in a masonry pilaster. These exhibits demonstrate how the fence could have been placed in its current location and remained undetected for over 10 years. 1902 Wright Place, Ste 200, Carlsbad, CA 92008 The applicant is requesting an administrative variance since the amount of encroachment (16.4%) does not exceed 75% of the required yard area and a fence height variance is required to exceed the normally required 42" maximum height to allow the existing 60" tall fence to exist in the required setback area. Both of these items may be granted by the City Planner in accordance with municipal code provisions. Justification for the issuance of the variance is provided in the attached application package. Thank you for your consideration. Location Map 6659 Lemon Leaf Drive Exhibit 1 lemon Leaf Admin. Var Exhibit 2 Lemon Leaf Admin. Var Exhibit 3 Lemon Leaf Admin. Var. -~ .:\ .... ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, 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 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) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 1 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Standard Pacific Homes Title. __________ _ Add~ss _________________ __ Title. ____________ _ Address._"""~I,...5 ..... 3_6_0-;B~arr:~an~c7a:;-::P~k_wy-"---­lrvine, CA 926I8 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of Abb 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.) Matthew Hayes Krimmer Person TiR~' ygl.lllg K.-..;..mmer Corp/Part. ____________ _ Title __________ __ Title. _____________ _ Address. _________ _ Address ~~59 LetBeft LettfDrhe Carlsbad, CA 920 II Page 1 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 Ar:n: person serving as an officer or diredor 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 transaded with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I ~ ~a~on is true and corred to the best of my knowledge. ~'cro ~ ~~ /S~_.3 Signature of owner/date Matthew Krimmer and/or Tinay Young Krimmer Print or type name of owner Signature of applicanVdate MICHAEL C. BATIAGLIA AUTHORIZED REPRESENTATIVE 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) Page2of2 Revised 07/10 .. ~ · . .( ... ---"'. ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) PROJECT NAME: 6659 Lemon Leaf Drive APPLICANT NAME: Standard Pacific Homes 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: The project consists of a request to allow a 5' high wooden fence to be located within a portion of the required front yard setback at 6659 Lemon Leaf Drive, Carlsbad. The fence has been in its current location since the property was given final inspection approval. P-1(8) Page 1 of 1 Revised 07/10 '4'~ ~~. ~ 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): ~ The development project and any attematives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Standard Pacific Homes Address:15360 Barranca Pkwy Irvine, CA 92618 Phone Number: 949-789-1600 PROPERTY OWNER Name:_M_.H_. &_T_Y_Kri_·mm __ e_r __ Address: 6659 Lemon leaf Drive Carlsbad, CA 92011 Phone Number: __________ _ Add f S·t 6659 Lemon Leaf Drive ress o 1 e: ____________________________ _ Local Agency {City and County): __ __.::C::.:ity::J.....:.o::.:f:.....:C::.:ar=ls:.:::b=ad::::,~C:::..;o::.:un=ty.L...::::.of;:;...::::.San:::..D::::;..:.;ie:;;:g:~..::o~------ Assessor's book, page, and parcel number:---=2....,1-...:4...;-6=3"-'1,_-""'"19"---"0'""0 _____________ _ N/A Specify list(s): ____________________________ _ Regulatory Identification Number: ____ N_IA __________________ _ Date of List:_--=.N.;.;./.:;.A;:.__ _________________________ _ -:-~~-:e~-::-~-:-~-~-~-::~:-""'-------13__......;1?!2....;;......o::...;.,_3 .~i~~~ie~ ~e:tere~gi~ Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 0711 0 ... JUSTIFICATION FOR VARIANCE 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 what special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: 5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. P-4 Page 4 of4 Revised 07/10 • Variance Justification 6659 Lemon Leaf Drive, Carlsbad, Calif. Modification to the required front yard setback for fence location purposes only. If the fence is located at the setback line the owner will 1. The subject lot is an irregularly shaped lot located on a collector street between two corner lots. The subject property is the only parcel fronting on lemon leaf in this block and the only one having this particular irregular configuration with such a large front yard exposure in the area. There are no similar conditions existing in the surrounding area thus placing a burden on this property, not found on others in the same clarification. The setback the north property line defines the side line of the subject parcel and the rear line of adjacent parcel. The side line of the adjacent parcel intersects the side line of the subject parcel. The adjacent property's side yard fence terminates in a masonry column located on the southeast corner of the northern parcel and the northeast corner of the subject parcel. The south property line of the subject property defines the south side lot line of the subject parcel and the rear line of the parcel adjacent to the south. The eastern side lot line of the adjacent parcel intersects the south side line at a column located approximately 5 feet behind the front lot line of the subject parcel. 2. There would be no grant of special privilege by allowing the front yard fence to cross into the setback to provide a transition between the subject lot and the adjacent lots in that this condition is unique to the area. Approval of the fence location does not alter the setback requirements or restrictions related thereto. 3. The simply placement of the fence does not result in granting an activity or use that would otherwise not be permitted by the zoning regulations applicable to the property. There is no request to allow any other non-permitted activities in the setback. 4. The proposal does not result in a change of use or propose any activity such as future expansion into any required yard or any other measure addressed in the Zone 20 Specific Plan 5. The proposal is consistent with the City's General Plan and other applicable regulatory documents and as such is consistent with the Certified local Coastal program. The proposal does not impact coastal resources in any manner in that there are no proposed activities that were not covered in the original Coastal approval. ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: .l...f -~ -13 (To be completed by City) Application Number(s): ..:....A.....I...lt.V____:I_J?J..,.-~OIIILAid,..._ _______________ _ General Information 1. Namempr~ect: --~66~5~9~Le~m~o~n~L~e~af~---------------------------------- 2. Name of developer or project sponsor: _.;.;:;.S..;.;;tan=d..;.;;ar;;_;;d;_;P;_;ac;.:..;..;..ifi:;;::c..;;...:;;..H;;:..;o;..;;m;;;;.e;;:..;s;__ _______________ _ Address: _____ 1_53_6_0_B_arr_an_c_a_P_kwy_::.. ______________ _ City, State, Zip Code: Irvine, CA 92618 Phone Number: ___ 94_9_-_7_89_-_1_60_0 _________________ _ 3. Name of person to be contacted concerning this project: -=J-=a::::ck=H:.:e:=n:::th:::o:.:.m=---------- Address: ____ P_O_B_o_x_23_7 __________________ _ City, State, Zip Code: Carlsbad, CA 92018 Phone Number: __ 76_0_43_8_-_40_9_0 _________________ _ 4. 6659 Lemon LeafDrive, Carlsbad, CA 92011 Address of Project: -------------------------------------------- Assessor's Parcel Number: 214-631-19-00 ------------------------------------------ 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: CT 98-14 6. Existing General Plan Land Use Designation: ___ RL_M _____________ __ 7. E . t· . d" t. R1Q x1s mg zomng 1s nct: --------------------------------- 8. Existing land use(s): Single Family Home (existing) 9. Proposed use of site (Project for which this form is filed): Single Family Home( existing) Project Description 10. Site size: 11,107 Sg Ft (existing) 11. Proposed Building square footage: 3704sq feet (existing) 12: Number of floors of construction: __ --=.2-l.(e~x~i;::;st~in~g::>.l)'------------------------- 13. Amount of off-street parking provided: __ E_x_i_sti_· n....l;g.__ ______________________ _ 14. Associated projects: The Bay Collection Phase 1 P-1(0) Page 2 of4 Revised 07/10 ... 15. If residential, include the number of units and schedule of unit sizes: _ __;:;e""'x""'is;..;;;tl"". n:.:g,__ ___ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: --------~A------------ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/_A ___ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: --------- N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: -------------------- NIA P-1(0) Page 3 of4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes fi 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D alteration of ground contours. d 21. Change in scenic views or vistas from existing residential areas or public lands or D roads. 22. Change in pattern, scale or character of general area of project. D d 23. Significant amounts of solid waste or litter. D d 24. Change in dust, ash, smoke, fumes or odors in vicinity. D ct 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D c1 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D d 27. Site on filled land or on slope of 10 percent or more. D d 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0' flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.}. 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D ~ 31. Relationship to a larger project or series of projects. D c1 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.}, intensity of land use (one-family, apartment houses, shops, department stores, etc.}, and scale of development (height, frontage, set-back, rear yard, etc.}. Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the fo cts, statements, and information presented are true and correct to the best of my ledge and belief. Date: ------------Signature: t--=t'.:....::....-=-.:::"--9-~"--""~-¥\rv--o="""'"----- For: P-1(0) Page4 of4 Revised 07/10 .. ' ' '"~ "-' .. ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. ApplicantSignature: ~ ~,---- Staff Signature: Date: MICHAEL C. BATIAGLIA AUTHORIZED QE~RESE~TATIVE To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111~1!1 ~11~111111111~11.1111111111111111111 Applic9nt: STANDARD PACIFIC HOMES Description Amount AV130002 740.10 6659 LEMON LEAF DR CBAD Receipt Number: R0094392 Transaction ID: R0094392 Transaction Date: 04/04/2013 Pay Type Method Description Amount Payment Check 740.10 Transaction Amount: 740.10 City of Car1sbad Faraday Center Faraday Cashiering 001 1309401-2 04/04/2013 98 .~ Thu, Apr 04, 2013 02:43 PM Receipt Ref Nbr: R1309401-2/0030 PERMITS -PERMITS Tran Ref Nbr: 130940102 0030 0036 Trans/Rcpt#: R0094392 **************************************** * DUPLICATE COPY * * 04/04/2013 02:44:08 PM * **************************************** SET #: AV130002 Amount: Item Subtotal : Item Total: ITEM(S) TOTAL: Check (Chk# 14090486) Total Received: Have a nice day! 1 @ $740.10 $740.10 $740.10 $740.10 $740.10 $740.10 FILE COPY 4·1~·13 CITY OF CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE Notice is hereby given that an administrative variance has been applied for to allow a 5 foot fence in the front yard setback on property generally located at, 6659 Lemon Leaf Drive, Carlsbad, California, and more particularly described as: Lot 54 of City of Carlsbad Tract No. CT 98-14, "The Bay Collection -Unit 2", in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County Recorder of San Diego County, April 29, 2004. If you have any objections to the granting of this variance or wish to have an informal hearing to discuss the requested variance, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Chris Garcia in the Planning Division at 760-602-4622. CASE NO.: AV 13-02 CASE NAME: 6659 Lemon Leaf Drive DATE: April16, 2013 CITY OF CARLSBAD PLANNING DIVISION · · ~·~P~Ia~n~n~in~g~D~i~v=is=io~n~-------------------------------------------------------------­~it S._:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ................... --------~------------------------------------~-- ~ :e 09 ;;; ~ "" :z: 5I 5 l5 ~ 5' i5 CD i7l ~ i!: lli i ..... 0 z: >-< "" 8 ~ a.. y> ~ ~ ai ~ ~ ... i!: b I ..... i!: ~ §I ~ !!! ~ ::I ~ ::I ~ ,_, g ~ SHT 1 lH ~ ..... i'5 m ~ ~ ~ ~ ~ ~ "" ~ DETAIL "A" SCALE: 1"=10' ~ ~ .... ... ~ :e @ 1.30 AC 264.H @ 1.10 AC 216.22 ~~ 47 0 "' @ < ~ 0.53 AC If) ..... 0 :::J ~ SHT 1 ~ \g) SHT 1 W]j \E7 SHT 4 MAP 14773-CARLSBAD TCT NO CT 98-14-02 THOMPSON/TABATA SEC 22-T12S-R4W-POR SW 1/4 SEC 28-T12S-R4W -POR E 1/2 OF NE 1/4 SAN DIEGO COONTY ASSESSOR'S MAP t 214-63 SHT 2 OF 2 , .. = 100' . . 06/27/2007 ~140 Orawtr OS/19/tl4 BJCAg: FITill: 21f-170 CHANGES BIJ( PIIIOII N'lf NF:WNW 11? 0/TNO 6Jr 01 T/f/U/9 05 fJ IT0-54 201t11 05 10091 ~72 15/t 18 J.fflt 8 ~ 06 5520 05 It 215 22 08 1227 -010~ 1* ST DEDICATED &: REJECTED _j __________________________ ......... .... ........ -------------------------------------------------------------------------------------------------- 09 ~ ! @ SHT 2 ~ SHT 3 ~ N891J'2B"W 197.01 IIZ28 <J> :z ~ 1!5 34 ® 33 @ ~ m s ! <II! § F !IE i ...... 0 :z >-< 2 ~ ~ ~ "- !'> ~ SHT 3 i 0 Oi ~ < 0 .... i= !5 I .... F ~ fa :a ~ 5!! ~ i ::::1 0 :z: :.= .... ~ ~ ~ o-ffi ~ m SHT 2 < ~ ~ ~ If ~ ~ 2 5!! i= @ SHT 5 7 @) IJ8.05 N8928'1"W am ~ SAN DIEGO CaJNlY ASSESSOR'S MAP ~ 214-55 SHT 1 OF 3 , .. = 100' 06/27/2007 ED Ormm: IH-02-97 8~ 1INB Fran: 214-140 CHANGES BIJ( PR!(1f N"/1 1£W APN 171 CUT NC 550 01 11/R(j 2rJ 97 86 01 PORS 215 08 1228 -070-4M49 MAP 13394-CARLSBAD TCT NO 91-12 MARINERS POINT UNIT 1 __j 09 ~ I C) z a f!i ~ g! ~ ! g ~ ~ ; ~ i 1- i ~ ~ I SHT 3 ~ fl> ~ ~ ~ I ~).. 1-~ ~ ~ l!s I ~ ~ SHT 1 ~ <'a ~ ~ ~ !!! ~ I 0}. !i i I ,_ ::E I a. C'? ~ C'? .0 I 0 ;; ~ ·o ~ 0 i N 0 ~ SHT 1 52 =-10 ~ 0 ~ SHT 1 ~ SHT 2 SAN DIEGO COUNTY ASSBSOR'S IIAP t 214-55 SHT 2 OF 3 1" = 100' 05/19/04 ASF j 1R1r>: IH/112h1 BJ< R.» Frotn: 214-140 CHANGE s fV( PfiJOIIAPN IE'IIl'N 5SI 01111/1120 07111/110!1 Zf lltRIJ 24 1* OPEN SPACE 2* RES FUT ST IR(HTNQ 97 86 99 1244 MAP 13394-CARLSBAD TCT 91-12 MARINERS POINT UNIT 1 ROS 15834 _j 09 ® SAN DIEGO COUNlY ASSESSOR'S MAP BOOK 215 PAGE 07 SHT 1 OF 6 PAR 1 130.30 DETAIL "8" SCALE: 1"=200' ~ SHT 5 N87"09'02'"w 1263.13 659.31 PM20249 PAR 1 @ 0) 9.85 AC "' 8.08AC 498.57 PAR2 @ 13.04AC ~ SHT 3 --1- 1 l J il ~REGATTA RD ~ SHT 2 ~ SHT 2 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. DETAIL "A" SCALE -1" =50' ~ SHT 6 60 A N87'27'43'W B R=270 C N22'38'13'W D R=270 E N40'07'42'W F R=20 G N41'40'52"E H R=20 J N49'52'18"E K N40"07'42"W L R=312 M N22"38'13'W N N02'23'14'W 0 S44'50'00"E P N86"56'19"E Q S76'37'13"E R S46"05'44"E S S89'10'02"E T S69"30'55"E U S36'04'14"E V S33'32'13"E W S53'03'05"E X S28'12'18"E Y N78'00'18"E Z N88"58'21"E AA N75'33'21"E BB N59'08'38"E CC N45'15'47''E DO N67'16'16''E EE S80"52'28"E @ SHT 1 34.51 47.14 117.15 82.43 108.37 30.74 38.87 30.74 18 108.37 95.25 117.15 40.37 59.97 32.62 21.28 22.44 53.59 23.12 44.20 61.49 23.78 22.87 30.03 27.85 44.15 42.79 18.54 22.31 34.69 215-07 SHT 1 OF 6 08111111 DEP CHANGES BLK OLD NEW YR t!J7t) 17 (/, .2t) ~ 7 ~-z~ 7Z 2122 23,Z4 ?!5 scs~~ Z5 110 25 1'1;.64-93 12. ~ 9' 15&16 27-30 98 10 31 98 28&29 32 98 &:30 ~_i_2 6&:9 1,;; '!'rJ 98 32 1~ r<o~ 99 31 tl&> 99 19 #~ 99 14 J!i'.& 99 18 s~na. 99 26 _i!l_A_ 99 32 ~G 07 T 2&3 99 20 N..~ 27 SAME It 00 STOP 06 PO 07 01 SHT 4 35 38& 02 STOP 27 ~J~ 02 8,9,23&33 ~ 03 9 39-42 05 34 43-45 05 33 J:ll 06 36 46&:47 07 39&:41 (!"~G 07 46 POR214 08 ...,,..., CUT -#57.--J. ~8 ~58 13'n 48 IGB_f. 1182 1030 1743 4765 4625 1389 1394 1395 1396 1625 144 1796 CANC 102 1774 195 4808 1208 1180 126 1769 5669 1227 ~ SHT 4 ~&21 48-50 08 1228 -01 DETAIL "8" SCALE -1"=200' ST=--=--N;~;:;;;--;;:::;---------lj.,.-s7.14 39 51 &52 12 1221 1 *-POINSETTIA LANE 2*-BRIGANTINE DRIVE 3*=NO ACCESS _,___N86'58'03'W 632.43 • ,.--30.09 158.53 1il ~ 23fi.82 Qp--t-'-<-SE COR OF N H OF 236.91 ·'-._ NEQ OF SEQ OF SWQ 213.71 R=25_.., 53.20 37.31 SEC 22-T12-R4W-POR SW 1/4 ROS 584,6269,10774,12096,14608,14630,16472 CANC CANC CANC CANC CANC RC • DATE: APRIL 5, 2013 CITY OF CARLSBAD REVIEW AND COMMENT MEMO • PROJECT NO(S): ----==-·=--•JA_Il_!~~~--------~~~~~~~~~~~~~-=I:R~EVVi"IE~WUNNio~:l .. iiiiiiiiiip.r:rfi~-:-~_1~ PROJECT TITLE: 6659 LEMON LEAF DRIVE APPLICANT: JACK HENTHORN & ASSOCIATES/JACK HENTHORN TO: [gl Land Development Engineering D Police Department-J. Sa sway i~ ,_, D Public Works (Storm Drain)-Clayton Dobbs D Public Works (Wastewater)-Don Wasko D Public Works (Water) -Jase Warner [gl Building Division -Will Foss D Water/Sewer District D Parks & Recreation (Parks/Trails)-Liz Ketabian D Parks & Recreation (Trees & Medians)-Mike Bliss D Public Works Department (Streets)-Nick Roque D Public Works Department (Traffic) -John Kim D Public Works Department (Design)-Bill Plummer *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION D Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Dept. D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) Please review and submit written comments and/or conditions to the '1n the Planning Division at 1635 Faraday Avenue, by Ill! lif you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS:____,t-b~~...;;;;.~_...:..:...:....CM-~+:.......S<.........IIEt;r/.L......>o:~::....:::·~::....:...=~it~~..;;......:;;.."i-~~ -------- S1gnature Date PLANS ATIACHED Review & Comment 03/13 DATE: APRIL 5, 2013 PROJECT NO(S): CITY OF CARLSBAD REVIEW AND COMMENT MEMO REVIEW NO: PROJECT TITLE: 6659 LEMON LEAF DRIVE APPLICANT: JACK HENTHORN & ASSOCIATES/JACK HENTHORN TO: ~ Land Development Engineering D Police Department-J. Sa sway ~ Fire Department-Greg Ryan D Public Works (Storm Drain)-Clayton Dobbs D Public Works (Wastewater)-Don Wasko D Public Works (Water)-Jase Warner rszt §tli'iiPTB&WI · Ulllltrl*';r• D Water/Sewer District D Parks & Recreation (Parks/Trails)-Liz Ketabian D Parks & Recreation (Trees & Medians) -Mike Bliss D Public Works Department (Streets)-Nick Roque D Public Works Department (Traffic) -John Kim D Public Works Department (Design)-Bill Plummer *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION D Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Dept. D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) Please review and submit written comments and/or conditions to the the Planning Division at 1635 Faraday Avenue, by •If you have "No Comm so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing. please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you n A"' / rtlf/1611.-~~A..iL COMMENTS: .,.1 V{) ~ Signature 1 'Date PLANS ATIACHED Review & Comment 03/13 .---~~~~----------------- DATE: PROJECT NO(S): • CITY OF CARLSBAD REVIEW AND COMMENT MEMO PROJECT TITLE: 6659 LEMON LEAF DRIVE APPLICANT: JACK HENTHORN & ASSOCIATES/JACK HENTHORN TO: -------· 0 Police Department-J. Sasway ~ Fire Department-Greg Ryan 0 Public Works (Storm Drain)-Clayton Dobbs 0 Public Works (Wastewater)-Don Wasko 0 Public Works (Water)-Jase Warner ~ Building Division-Will Foss D Water/Sewer District 0 Parks & Recreation (Parks/Trails)-Liz Ketabian 0 Parks & Recreation (Trees & Medians)-Mike Bliss 0 Public Works Department (Streets)-Nick Roque 0 Public Works Department (Traffic) -John Kim 0 Public Works Department (Design)-Bill Plummer *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION 0 Landscape Plancheck Consultant-PEL~ 0 School District 0 North County Transit District-Planning Dept. 0 Sempra Energy-Land Management 0 Caltrans (Send anything adjacent to 1-5) Please review and submit written comments and/or conditions to the n the Planning Division at 1635 Faraday Avenue, by ·tf you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Signature Date PLANS ATIACHED Review & Comment 03/13 .4f~A_ C I T Y 0 F VcARLSBAD • Community & Economic Development May 7, 2013 Jack Henthorn P.O. Box 237 Carlsbad, CA 92018 SUBJECT: AV 13-02-6659 LEMON LEAF DRIVE • www.carlsbadca.gov The City Planner has completed a review of your application for an Administrative Variance, AV 13-02 to approve an existing 5 foot tall fence within the front yard of a single-family residence located at 6659 Lemon Leaf Drive. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting an Administrative Variance can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the lot is the only lot in the area located between two corner lots where fences/walls on these corner lots are permitted up to 6 feet in height at the property lines along Lemon Leaf Drive. The subject property is considered a key lot and has a front yard setback of 15 feet where fences over 42 inches in height are prohibited. However, there is an existing fence approximately 5 feet in height that was constructed by the original home builder which is located in the front yard. Furthermore, Lemon Leaf Drive curves on this side of the property, creating an oddly shaped convex front yard setback. The existing fence fits in with the surrounding neighborhood in that there are existing 5 foot walls on both sides of this property along Lemon Leaf Drive and the existing subject fence ties directly into the wall to the north, which creates a uniform design. The fence has existed since the home was completed in 2005 and no formal complaints from the neighborhood have been received to date. The existing fence does not interfere with vehicular sight-distance, as the driveway is located on the opposite side of the property. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that the lot is located between two corner lots and the fences and walls in the neighborhood were installed by the developer prior to occupancy. No new fence is proposed on this property and a portion of the fence complies with the setback requirement. The permit is conditioned to allow a fence/wall of the same height in the same location as it exists today and as shown on the approved exhibit. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that fences and walls are permitted on residentially zoned property. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the property is developed with a single-family residence which is Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ' • • AV 13-02,-:6659 LEMON LEAF DRIVE May7; 2013 · Page 2 consistent with the existing Residential Low-Medium (RLM) General Plan Land Use Designation for the subject site. Furthermore, fences are commonly found on and permitted on lots developed with a single-family residence. 5. In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan in that the site is designated RLM for single-family residential uses and an existing single-family home exists on the site that was part of a larger project approved by Coastal Development Permit number COP 98-68. Furthermore, there are no sensitive coastal resources on the site. The proposed improvements are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements were conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the existing fence does not obstruct views of the coastline as seen from public lands or the public right of way, nor otherwise damage the visual beauty of the coastal zone. Conditions: 1. Approval is granted for AV 13-02 as shown on Exhibit "A", dated May 7, 2013, on file in the Planning Divi~ion and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The existing fence may be repaired or reconstructed with the same or different material(s) compatible with the neighborhood. However, the fence/wall shall not exceed five feet in height within the required front yard and shall be located substantially in the same location as shown on the approved plans. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00 plus public notice fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Garcia at (760) 602- 4622. OQ: Le~ CHRIS DeCERBO Principal Planner CD:CG: c: Mattew & Tina Krimmer, 6659 Lemon Leaf Drive, Carlsbad, CA 92011 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Data Entry/OMS File Copy ----------------------------------------------------------- J~.A,. CITY OF • ~.\ActJ.Qd L\ [z0 \ 1 ~ VcARLSBAD LJ FILE Community & Economic Development www.carlsbadca.gov April 29, 2013 Jack Henthorn P.O. Box 237 Carlsbad, CA 92018 SUBJECT: 1ST REVIEW FOR AV 13-02-6659 LEMON LEAF DRIVE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Administrative Variance, application no. AV 13-02, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 2 complete sets of the revised development plans so that the project can continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:bd c: Mattew & Tina Krimmer, 6659 Lemon Leaf Drive, Carlsbad, CA 92011 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner File Copy Planning &ltnmJR' 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 \. e AV 13-02-6659 LEMON LEAF DRIVE April 29, 2013 Page 2 ISSUES OF CONCERN Planning: 1. This lot is a "key lot" and therefore has a front yard setback of 15 feet. Please correct the front yard setback line to show 15 feet instead of 20 feet. 2. Please label the existing fences/walls and their heights on the subject property as well as on the adjacent properties. (~~CITY OF ~.CARLSBAD • • Community & Economic Development www.carl s badca.gov April 25, 2013 Jack Henthorn P.O. Box237 Carlsbad, CA 92018 SUBJECT: AV 13-02-6659 LEMON LEAF DRIVE-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Existing Facilities-State CEQA Guidelines Section 15301. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 or Chris.Garcia@carlsbadca.gov. DON NEU, AICP City Planner DN:CG:bd c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®