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HomeMy WebLinkAboutAV 16-01; 6659 Lemon Leaf Dr; Administrative Variance (AV)(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 Coastal Development Permit [] Minor 0 Conditional Use Permit 0 Minor 0 Extension 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit []Minor 0 Hillside Development Permit [] Minor 0 Nonconforming Construction Permit 0 Planned Development Permit [] Minor 0 Residential 0 Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation 0 Site Development Plan 0 Special Use Permit []Minor 0 Tentative Parcel Map {Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) li2! Variance 1!21 Minor (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 4~-0/ 0 General Plan Amendment 0 Local Coastal Program Amendment 0 Master Plan 0 Specific Plan 0 Zone Change 0Amendment 0Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative D Minor 0 Major Village Review Area Permits D Review Permit 0 Administrative D Minor 0 Major 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 PRIOifl TO 4:00P.M. ASSESSOR PARCEL NO(S).: 214-631-19-00 -----------------------------------------------------------------------PROJECT NAME: 6659 L~emon Leaf Drive -----------------------------------------------------------------------BRIEF DESCRIPTION OF PROJECT: Single family residence on Lemon Leaf Drive -Request for Variance to allow for six (6) foot fence (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 STREET ADDRESS ON THE: North SIDE OF Camino De Las Ondas --~~~~~~~~~~~~---(NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Camphor Place AND Aviara Parkway (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of6 D~l30l~ Revised 03/16 ( Tina YoungK~ OWNER NAME Matthew Hayes Krimmer and 41 (Print): APPLICANT NAME (Print): Matthew H Krimmer MAILING ADDRESS: 6659 Lemon Leaf Drive MAILING ADDRESS: 6659 Lemon Leaf Drive CITY, STATE, ZIP: Carlsbad, CA 92011 CITY, STATE, ZIP: Carlsbad, CA 92011 TELEPHONE: 760-450-8090 TELEPHONE: 760-450-8090 EMAIL ADDRESS: matt@mattkrimmer.com EMAIL ADDRESS: matt@mattkrimmer.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUs;ND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNEIR THAT THE APPLICANT AS THE B~ST OF MY KNOWLEDGE. J{-.rfrz : lf: ~//;, SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR Jllce'lff~/-Jr, /~ ·~ : / P,l,JRI~,OS~t% THIS~~~_:--.lk~{~ ~ :;.l.b 1t1"' v-... r£~ Jt,d Y/ -zo lb l¢fd; 4{.1/ 'L.f.l-/ 1:: A .,. A ·; tf ')..0 '6 r, .. ,.,;~ v~ ~~ . rDATE SIGNATURE? SIGNATURE .:7 ATE ;- APPLICANT'S REPRESENTATIVE (Print): .----; MAl~-......... ""''"'"'""""""...-..,....,... ... ~ ----'""'"""""''~=~·-...... ···-~·""-~·=-~~~"""'""""''--•"'"'":::::~~r.~~~~'-N•~···~'>"'"~>'~•"""' CITY, STATE, ZIP: ""···--~,. .. ,,"'~~.,,,,,,""'"'"" .. ''<~ ••• ...,,,,__,.,'>TI"""'' _.,. '""'""'""•• TELEPHONE: /'"/>"'""'"' _..,. EMAIL ADDRESS: ,/ I CERTIFY THAT I A THE REPRESENTATI~HE APPLICANT FOR PURPOSES OF THIS PLICATION AND HAT ALL THE ABOVE INFORMATION IS TRUE CORRE · TO THE BEST OF MY KNOWLEDGE. -·-~··· / SIGNATURE / DATE ,.,,,/~- /./' IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE L~N~~~D Bl~9 ANY S~CESSORS IN INT~T. t: •• ~,tt4t~ /~(?'~~-~ /;.11-.,...... ~/~~~~~ PROPERTY OWNER SIGNATURE / ../ FOR CITY USE ONLY P-1 Page 2 of6 APR 0 4 2016 CARLSBAD DIV!S!ON DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/16 (_City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www .carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the name~s. 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 necessar~) ~ ~ P Matthew H.vKrimmer ~ 1/.tAJ Vi!J()p l:t J.lP.t!P rt erson ttAYtJj /" I orp a ·------------ Title Owner 1 Title Add 6659 LE!mon Leaf Drive -------------ress Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Matthew Hayes Krimmer -P7M).-'1../t!P':_~ ¥1tt/tKtttevl Person t ;co~fift:.__ __________ _ Title Owner Title ------------------- Add 6659 Lemon Leaf Drive ress Address _______________ _ Carlsbad, CA 92011 Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identiified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust'----------- Title ____________ _ Title. ____________ _ Address ___________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes lv'l No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. Signature of applicant/date Matthew Hayes Krimmer and Tina Young l(rimmer Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 (_City of Carlsbad PROJECT DESCRIPTION P-1{8) 6659 Lemon Leaf Drive Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECTNAME: ----------------------------------------------- Mattlhew H. Krimmer and Tina Y. Krimmer APPLICANT NAME: 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 six foot (6') fence/wall in the required front yard setback at 6659 Lemon Leaf Drive, Carlsbad, CA 92011. Currently, the height is limited to 5' despite the fact that the general rule for residential fences/walls is a 6' height limitation. (see further details in this application for further explanation). P-1(8) Page 1 of 1 Revised 07/1 0 (__City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Ser~ices 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 Cahfornia Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and henaby certify that (check one): ljJ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application ,!!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Matthew Krimmer and Tina Krimmer Name: _______________ _ 6659 Lemon Leaf Drive Address: _____________ ..,.._ __ Carlsbad, CA 92011 760-450-8090 Phone Number: _____________ _ PROPERTY OWNER same Name: __________ _ same Address: _________ _ same Phone Number: __________ _ 6659 Lemon Leaf Drive, Carlsabad, CA 92011 Address of Site: ____ ·-------------------------- City of Carlsbad, County of San diego Local Agency (City and County): ______ .,.,.,. _______________ _ 214-631~ 19-00 Assessor's book, page, and parcel number: ___________________ _ N/A Specify list(s): _____________________________ _ N/A Regulatory Identification Number:. ______________________ _ N/A Date of List:_-;--.--r.,--·-------------:---:-=-----r--r----/;?+:7---· -----t'fol(/!~ ;~-~ r~ !Jt:~ /lrerl F V\A.~ ~~ Y~rt 7 fl::tl~tJf?C(___ -r;;"tL .· 1 K~, yLA- Applicar;vSignature/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 a1bout the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM i fl / 1 1 I i (To be Completed by Applicant) Date Filed: ~...loo6'-' ...,...-----(To be completed by City) Application Number(s): '!'-A~V-~-o/ u:..C_-..:::::.0..~-I ________________ _ General Information 6659 LEMON LEAF DRIVE 1 . Name of project: Matthew H. Krimmer 2. Name of developer or project sponsor: ------------------ 6659 Lemon Leaf Drive Address: -----------------------------Carlsbad, CA 92011 City, State, Zip Code: ------------------------ 760-450-8090 Phone Number: Matthew H. Krimmer 3. Name of person to be contacted concerning this project: ------------- 6659 Lemon Leaf Drive Address: -------------------------------Carlsbad, CA 92011 City, State, Zip CodH: ------------------------ 760-450-8090 Phone Number: 6659 Lemon Leaf Drive, Carlsbad, CA 92011 4. Address of Project: -------------------------- 214-631-19-00 Assessor's Parcel Number: ---------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. 7. 8. 9. ?'1-f'~ IV RLM Existing General Plan Land Use Designation: ----------------- RIQ Existing zoning district: ----------------------- Single Family Home (existing) Existing land use(s): ------------------------ Single Family Home (existing) Proposed use of site (Project for which this form is filed): --------------- Project Description . . 11,107 Sq Ft (existing) 10. S1te SIZe: ---·------------------------- 3704 sq feet (existing) 11. Proposed Building square footage: -------------------- 2 (existing) 12: Number of floors of construction: -------------------- Existing 13. Amount of off-street parking provided: ------------------- The Bay Collection Phase 1 14. Associated projects: ------------------------ P-1(0) Page 2 of4 Revised 07/1 0 15. If residential, include the number of units and schedule of unit sizes: _E_x_i_s_ti_n_g ______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ----------------------N/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: --------------------- N/A 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 No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scalel or character of general area of project. D 0 23. Significant amounts of solid waste or litter. D 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 10 percent or more. D 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosive~s. 29. Substantial change in dlemand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0 31. Relationship to a larger project or series of projects. D 0 Environmental Setting Attach sheets that include a fiesponse 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 stat1ements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information. pr~se.~te~.a~e true and correct to the best of my knowl~.dge and. belief/. f.',/ t/1 (' . ~~~{~!~ Date: 'tr f./ I J )t_? · b S1gnature: .:...17"=--v· ---:------=--------- 1 ; ~. ~Aw v~) {{eke~ j Revised 07/10 P-1(0) Page 4 of4 (_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 incomplejte, 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. ~.'"/L-f'' // / -;;('~~ U L -Applicant Signature:/th'(u,,1·:tt:'~/~ .·· · /. ~-4./ J ;t:::-4.. t ~~ Staff Signature: tt~tu'?-f.J 1-l~_a-5 /<~;tutMPI;_ -t~2c~ v~v I ~~~i .C<--b(.c-eJL Ltr~;·· · / / T/7 Date: ~ _ 4 " ~ tk r; To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 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 id,entical zoning classification: Please See Attached '[.i(;{b,i&RMf );/E;t ~ <d / 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 04/15 VARIANCE WSTIFICATION SUBJECT: 6659 LEMON LEAF DRIVE -Request for Administrative Variance to fence/ wall height. Allowing and approving the existing five (5) foot tall fence to be rebuilt at a height of up to six (6) feet, within the front yard of a single-family residence located at 6659 Lemon Leaf Drive, is permissible within the following finding requirements for granting an Administrative Variance based on the following: 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 where there are existing 5 and 6 foot fences and walls. Furthermore, on both sides of this prop1erty along Lemon LeafDrive, 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. Allowing an additional one (1) foot in height would in no substantial or significant way would alter any of the foregoing facts regarding the fence/wall as currently allowed and permitted. 2. Approval of the variance will 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 that the variance will be subject to any conditions necessary to assure compliance 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/wall location is proposed on this property in an area other than the currently approved setback and therefore the fence complies with the setback. It is noted that other properties in the vicinity and zone in which the subject property is located are allowed to have fences/walls that are up to six ( 6) foot in height as code permits and the fence/wall at issue would appear uniform with other such fences/walls. 3. The approval of 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. The approval of 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 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 approved variance would be consistent with and implements the requirements of the certified local coastal program and that the approved variance would 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 approved variance implements the purposes of zones adopted to implement the local coastal program land use plan in that the site is designated RLIVI 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 CDP 98-68. Furthermore, there are no sensitive coastal resources on the site. The proposed improvements are not located in an area of known geologie 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 existilng fence, nor would the increase in height would 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. April 4, 2016 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Attn.: City Planner Matthew Krimmer 6659 Lemon Leaf Drive Carlsbad, California 92011 (760) 450-8090 SUBJECT: Request for Administrative Variance to fence/wall height at 6659 Lemon Leaf Drive. Enclosed is an application package for the approval of an administrative variance to allow a fence/wall that is currently limited to a height of five ( 5) feet to be allowed to be up to a six (6) foot high. This application is being filed by the owners of the home, Matthew H. Krimmer and Tina Y. Young Krimmer ("Applicant"). This Administrative Variance request is related to Administrative Variance AV 13-02 which was approved by the City Planner on May 7, 2013 for 6659 Lemon Leaf Drive. The approval of AV 13-02 was primarily related to the setback ofthe front yard fence located at 6659 Lemon Leaf Drive, Carlsbad, California 92011. The approval of AV 13-02 allowed an existing fence built by the developer, at the time of initial construction, to remain in its location. At that time of initial construction the existing fence was installed in its current location by a fencing contractor employed by the Developer (Standard Pacific). At that time, the City cleared the home for occupancy (final inspection). AV 13-02 inadvertently did not include a request that the fence be allowed, in the future, to be rebuilt at a height of up to six (6) feet. Therefore, AV 13-02 set forth that any future rebuild of the fence/wall would be required to maintain its existing height of five ( 5) feet. Applicant now seeks approval of a variance to allow the fence/wall to have a height of up to six ( 6) feet. By this reference, Applicant hereby references all of the supporting documentation that resulted in the approval of AV 13-02 as justification for the approval of this Variance request. Furthermore, applicant provides the attached packet and all of its supporting documentation as fur1her justification of this Variance request. This Variance request 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. Matthew and TinaKrimmer II ~>t/?{w J.~. /,--'.' ;;.,;/1 ' ~V[.~ r ;~tfL: t:.~~ • Order Number: OCB-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 mslde to the report other than the Effective Date [ ] Property addre;s has been revised [ x ] Vesting has been revised [ x ] Legal Description has been revised [ x ] Taxes have been updated [ x ] Original item nlJimber(s) 1 and 4 have been removed [ x] New item number(s) 1, la, 19 and 20 have been added [ ] Original item nlJimber(s) have been revised [ x ] Other: Info NotE No. 1 has been added First AmeriaJn Title \ ~"" 1 ,\ ll F 11 1 <· :':J£~ Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Escrow Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Order Number: DCB-1689100 {rrv) Page Number: 2 Updated First American Title Company 411Ivy Street z San Diego, CA 92101 The Bay Collection Ph 1 -lot 54 DCB-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 tswe, or cause to be issued, as of the date hereof, a POlicy or Polides oflltle Insurance describing the land and the estate or interest therein hereinafter set fOrth, Insuring against loss whid'l may be sustained by reason of any defect. lien or encumbrance not shown or referred to as an Exa!ption below or not exduded trom coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The Printed Exceplions and Exd~t.ilons from the coverage of said Policy or Policies are set fOrth In Exhibit A attached. Copies of the Polley fonns should be read. They are a~railable fi"om the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exdllllons set forth In Exhibit A of this report carefully. 11le exceptions and exdusfons are meant to provide you with notice ttl matters which are not ClOVered under the terms of the title lniUrance policy and should be carefully ClOMidered. It Is important to note that d!is preliminary report Is not a written representation as to the condition of title and may not lid all liens, clefect5, and ena1mbntncas affecting title to the land. This report (and any supplements or amendments hereto) Is Issued solely for the putpOSe of faCilitating the Issuance of a policy of title insurance and no liability Is iiS5Umed 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. Rrst American Title Dated as of January 03, 2013 at 7:30A.M. Order Number: DCB-1689100 (rrv) Page Number: 3 The fonn 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 fonn or additional coverage is desired. Title to said estate or inte1'eSt at the date hereof is vested in: MATIHEW HAYES KRIMMER AND TINA YOUNG KRIMMER, HUSBAND AND WIFE AS COMMUNITY 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 Exdusions in said policy fonn would be as ~ollows: 1. General and spec:ial taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. la. 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 Spedial Tax Lien (Community Facilities District No.1) as disclosed by an instrument recorded May 20, 1991 as File No. 91-Q236959 of Offidal Records. 4. Intentionally Del,etecf 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-Q254037 of OffiCial Records, and Amended Annexation Map No. 5, recorded september 20, 2001 as File No. 2001-Q676493 of Offidal Records. Rrst AmeriClJn ntle Order Number: DCB-1689100 (nv) Page Number: 4 6. The terms and pro\lisions contained in the document entitled "Oty 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-Q676493 of OffiCial Records. 8. The terms and provisions contained in the document entitled "Restrictive Covenant Agreement" recorded February 4, 2002 as Instrument No. 2002-0Q96680 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 proiVisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Poinsetta Lane and Aviara Parkway Transportation Corridors Case No. cr 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. Cf 98-14" recorded April 1, 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" reoorded April21, 2003 as Instrument No. 2003-0459091 of Official Records. 12. The terms and pr1ovisions 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 Tiabata Family Trust under Declaration of Trust dated January 14, 1983, recorded August 28, 2003 ias 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. 20040068196 of Official Records. 15. A sight distance 100rridor deed restriction within Lots 50, 53 and 54 as shown or dedicated on the map referred to iin the legal description. 16. Any and all offer.s 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 Title 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 Offidal Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination basL=d on race, color, religion, sex, handicap, familial status, natiOnal origin, sexual orientation, maritctl status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate litle 42, Section 3604(c), of the United States Codes or Section 12955 of the Califania Government Code. Lawful restrictions under state and federal law on the age of occupants iin senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to rontact the homeowners association referred to in the above document for information ~garding assessments, transfer requirements or other matters. 18. An easement for the delivery of multi-channel video, audio, Internet aa:ess, and other services that may be delivered over the System to the Property and incidental purposes, recorded Novemf:ler 5, 2004 as Instrument No. 2004-1054077 of Official 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 corporc1tion, as Grantor, to Jeremy Newman and Robin Newman, husband and wife as joint tenants, as 1Grantee, 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 ancesby, 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 reoorded September 27, 2011 as Instrument No. 2011-Q500768 of Official Records. Dated: Trustor: Trustee: Beneficiary: Lender: September 15, 2011 Matthew Hayes Krimmer and linay 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. First Amen'ciJn Title ------· ---·-·-------- Order Number: OCB~ 1689100 (rrv) Page Number: 6 INFORMATIONAL NOTES 1. General and specia1l taxes and assessments for the fiscal year 2012~2013. First Insrc.llment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $5,580.61, PAID $0.00 $5,580.61, PAID $0.00 09157 214-631-19-00 The map attached, if any, may or may not be a survey of the land depicted hereon. Rrst 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 Ameriam 7itle Order Number: DCB-1689100 (rrv) Page Number: 7 LEGAL DESCRIPTION Real property in tlla City of carlsbad, COunty of San Diego, State of california, described as follows: PARCEll: LOT 54 OF O'TY OF CARLSBAD TRACT NO. CT 98-14, "lliE BAY COLLECTION -UNIT 2," IN THE · OTY OF CARLSBAID, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 14773, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNTY, APRIL29, 2004. EXCEPTING THEREFROM UNTO THE GRANTOR, All REMAINING OIL, OIL RIGHTS, MINERALS, MINERAL RIGiiTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GE:OTHERMAL STEAM AND All PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER lliE PROPERTY HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPflUAL RIGtff OF DRILUNG, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID PROPERlY OR ANY OTHER PROPERlY, INCLUDING THE RIGtff 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 lliE SUBSURFACE OF THE PROPERlY HEREINABOVE DE:SCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR UMITS 11-IEREOF, AND TO REDRILL, REllJNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WilliOUT, HOWEVER, lliE RIGHT TO DRILL, MINE, SlORE, EXPLORE., OR OPERATE THROUGH lliE SURFACE OR lliE UPPER 500 FEET OF lliE 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 OFFIOAL RECORDS. PARCEL2: NONEXCLUSIVE F.ASEMENTS FOR USE, INGRESS, EGRESS, ACCESS, REPAIR, DRAINAGE, ENCROACHMENT~ OR OlliER PURPOSES, ALL AS DESCRIBED AND/OR DEPICTED IN 11-IE "DEOARATION OF COVENANTS, CONDffiONS AND RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR lliE BAY COUEC110N" ("DECLARATIONj RECORDED ON NOVEMBER 10, 2004, AS INSTRUMENT NO. 04-1070454, IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY, CAUFORNIA, AS SAME MAY BE AMENDED AND/OR MODIFIED FROM TIME TO TIME. PARCEL3: A NONEXCLUSIVIE EASEMENT APPURTENANT TO SUCH LOT FOR INGRESS, EGRESS, ACCESS, USE, AND ENJOYMENT ON, OVER AND ACROSS lliE ASSOCIATION PROPERlY WITHIN lliE PROJECT, AS MORE PARTICULARLY DESCRIBED AND/OR DEPICTED IN THE DECLARATION. First American Title first AmetiCiln Title Order Number: DCB-1689100 (rrv) PageNumber: 8 NOTICE Order Number: OCB-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 mmpany, or mntrolled escrow mmpany handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before reoording any documents in mnnection 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 certifted d'ledcs 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 Order Number: DCB-1689100 (rrv) Page Number: 10 EXHIBif A . ····-,.,.. I.IS1l' OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY1YPE) 1. CAUFClUJA LAND TITlE ASSOCIAnON STANDARD COVERAGE POliCY-1990 SCHEDULE B ·-~ EXCEPTIONS FROM COVERAGE This policy does not insure against loss Cl>r damage (and the Company wHI not pay oosts, ... ~fees or expenses) whiCh ariSe by reason of: l. Taxes or asseswents which ere not shown as existing liens by the records of any taxing auHiority 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 !ihown by the records of such agency or by the public records. 2. ArrV faCts, lights, fnteresls, or daimS which are not shown by the pUblic records but which could be ascertained by an inspection of the land or whiCh may be CISSIE!IUd by persons in possession thereof. 3. Easements, liens or encumbrances, or daims thereof, which are not shown by the public records. 4. Discrepancies, confllcl:s in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disClose, and which are not shown by the public records. · 5. (a) Unpatented mining dalmsi; {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. EXO.USIONS FROM COVERA9E The following matters are expressly exdluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses whldl arise by reason of: l. {a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restr1ctlng, regulating, prohllliltlng or relating to (0 the occupancy, use, or enjoyment of the land; (II) the character, dlmenstons 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 pan:el of which the land IS or was a part; or (IY) environmental protection, or the effect of any violation of these laws, ordlnanas or governmental regulations, E!.lrcept to the extent that a notice of the enfort:ement thereof or a notice of a defec1:. lien or encumbrance resuJiing from a violation or alleged violation affecting the land has been reco~ in the public reamfs 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 reconJed in the pubfiC records at Date of Polley. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded in the public records at Dale of Polley, but not excluding from coverage any taking whiCh has occulled prior to Date of Policy which would be binding on the rights of a purd1aser fOr value without knowledge. 3. Defects, liens, encumbrances, adverse daims or ather matters: (a) whether or not reconied in the public records at Dale of Polley, but created, suflered, assumed or agreed to by the Insured claimant; (b) not known to the Colnpany, not recorded in the public records at Date of .Roljcy, but known to the insured daimant and not disclosed In writing to the Company by t!tle insured daimant prior to the date the insured daimant became an insured under this policy; (c) resulting In no 10$ or damage to the l!ISIM'ed claimant; {d) attaching or created subsequent to Date of Polk:y; or (e) resulting in loss or damage which would not have been su$1ined if the insured daimant had paid value !Or the insured mortgage or for the estate or Interest instl'ed by this polky. 4. Unenforceabillty of the lien of the Insured mortgage because of the inability or failure of the illSIKed at Dale of Polley, or the inability or failure of any subsequent Oll'lner of the Indebtedness, to comply wilfl applicable"dolng business" laws of the state in which the land is situated. 5. Invalidity or unenfim:eabillty of the lien of the insured mortgage, or daim thereof, whlctl arises out of the transaction evidenced by the Insured mortgage and is bar.ed upon usury or any consumer credit proiEdion 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 aeating the interest of the insured lender, by reason of the operation of federal bankrupfl:y, state insolvency or similar aeditors' rights laws. 2. AI"ERICAN LAND TiflE ASSOCIAliON OWNER'S POUCY FORM B-1970 SCHEDULE OF EXO.USIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restrldlng or regulating or prohibiting the oa:upancy, 1115e 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, ordilance 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 Polley. 3. Defects, liens, encumbrances, adverse claims, or other matters (a} aeated, 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 dalmant either at Date of Policy or at the date such dalmant acquired an estatE! or Interest Insured by this policy and not disclosed in writing by the Insured daimant to the Company prior to the date such insured daimant became an insured hereunder; {c) resulting in no loss or damage to the insured dlaimant; (d) attaching or First American Title Order Number: DCB-1689100 (rrv) Page Number: 11 created subsequent lD Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value for the estate or Interest Insured by this polity. 3. AMEIUCAN lAND TITLE ASSOCIAliOJI OWNER'S POUCY FORM 8 • 1970 WITH REGIOIIAL EXCEmONS When the American Land Title Association policy is used as a Standard Cowerage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 2 above are used and the following exceptlons lD coverage appear in the policy. SCHEDULE 8 . This policy does not insure against loss 01' damage by reason of the malfes shewn in parts one and two following: Part One L 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 assesmnents on real property or by the public records. Any facts, rights, Interests, or dalms 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. DlsaepandeS, confllds in boundary lines, shortage in area, enaoachrnents, or any ~facts which a correct survey would disclose, and which are not shown by publk: remn:l:s. Unpatented mining daims; reservations or exceptions in patents or in AdS authorizing the iSSuance thereof; water rights, daims or title to water. Any lien, or right to a lien, for servla!s, labor or material heretofore or hereafter furnished, i~ by law and not shown by the public records. 4. AMERICAN LAHD TITLE AS50CL\nON LOAN POUCY ·1970 WITH A.L. T .A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCWSIONS FROM COVERAGE L Any law, ordinance or govemmental regulation (indudlng but not limited to building and zoning ordinances} restricting or regulating or prohibiting the occupancy, um or enjoyment of the land, or regulating the character, dimensions or locatiOn of any !mprovement now or hereafter eredJ!d on the liHKI, 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 Polity. 3. Defects, liens, encumbrai!Ce!;, adverse dalms, or other l1lill1aS (a} created, suffered, assumed or agreed lD by the insured claimant, (b) not known to the Company and not shown by the public records but known lD the Insured dalmant either at Date of Policy or at the date such daimant acquired an estate tJI' interest insured by this policy or aajulred the Insured mortgage and not disclosed In writing by the Insured claimant lD the Company prliJI' lD the date such insured claimant became an insured hereunder, (c) resulting In no loss or damage to the Insured claimant; (d) attachi1r1Q or created subsequent to Date of Policy {except to the extent insurance is afforded herein as lD any statutory lien tor labor or material or to the extent Insurance Is afforded herefn as to assessments ror street improvements under construction or cxxnplell!!d at Date d Policy). 4. Unenforceability d the lien of the insured ll'10I1gage because of failure of the Insured at Date of Policy or of any subsequent owner d the Indebtedness to cxxnply wittJ applicable •doing business" laws of the state In which the land Is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY • 1970 WITH REGIONAL EXCEmONS When the American Land Title Association Lenders Policy is used as a Standard COverage Polley and not as an Extended Coverage Polk:V, 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 rA the matters shown In parts one and two following: Part one 1. 2. 3. 4. 5. 6. Taxes or assessments whidt 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 fads, 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. Easements, claims of easement or encumbrances which are not shown by the public records. DisCrepancies, conlllds In lloundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by pulbllc records. Unpatented mining dalms; reservalions or exceptions in patents or in AdS authorizing the iSSuance thereof; water rights, dalms or title to water. Any lien, or right to a lien, lfor services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the publlc records. First American Title ) Order Number: DCB-1689100 (rrv) Page Number: 12 6. AMERICAN LAND 1lTl.E ASSOCIAnON LOAN POUCY-1992 Willi A.LT.A. ENDORSEMSIT fORM 1 COVERAGE EXCWSIOIIIS fROM COVERAGE The following matters are expressly exdtnded from the coverage oftb!s polk.y 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 QOVt!111mental regulation (including tilt not limited to building and zoning laws, ordinances, or regulations) resb'lcting, regulating, prohlbiUnQ or relating to (I) the oa:upancy, use, or enjoyment of the land; (II) the character, dimensions or location of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change In the dimenSions or area of the land or any parcel of which the land I!; or was a part; or (iv) environmen1al protection, or the effect of any violation ri these laws, ordinances or governmental regulations, except to the extent that a notice oflhe enform~uent thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land haS been re<XIItfed in the public records at Date of Policy; (b) Any governmental pollee power not exduded by {a) abOve. errepttothe extent that a l'lOtio! of the exertise thereof ora notice of a deled:, lien or ena.rmbrance n!SIIIIing from a violation or alleged viiofaOOn affecting the land has been recorded In the public reoords at Dare of Policy. 2. Rights of eminent domain un~ess notice of the exercise thereof"has been remnled in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Pdicy whidl would be binding on the rights af a purchaser for value without knowledge. 3. Defects, liens, encumbrances,, adverse daims, or other matlels: (a) whether or not rea>rded il~ the publiC records at Date af Policy, but aeated, 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 daimant prior to the date the insured daimant became an insured under this policy; (c) resulting it no loss or dan~age to the insured claimant; (d) attaching or aeated subs~ to Date of Policy (except to the ex1ent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for serviCes, labor or material or the ex1ent Insurance is afforded herein as to assessments for street improvements under construt::tion or completed at date of policy); or (e) resulting in loss or da~Je which would not have been sustained if the insured dalmant had paid value for the insured mortgage. 4. UnenforceabllltV of the lien olf 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 indebredness, to comply with the applicable •doing business• laws of the state In which the land Is situated. 5. Invalidity or unenforceablllty of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenred by the Insured mortgage and Is based upon usury or any consumer credit protedion or truth in lending law. 6. Any statutory lien for service;, labor or materials (or the dalm of priority of any statutory lien for semces, 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 comrnena!d subsequent to Date of Polley and Is not financed in whole or in part by proceeds of the indebtedness secured by the insured fllOf4lage whiCh at Date of PoliCy the insured has advanced or is obligated to advance. 7. Any claim, whiCh arises out <If the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state instllvency, or Similar creditorS' rights laws, that Is based on: (I) the transattlon creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subord"matlon of the llnterest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (Iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the pl'l!fe'entlal transfi!r results from the faikJre: (a) to timely record the Instrument of transfer; or (b) of sud1 recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND MLE ASSOCIAnON LOAN POUCY -1992 WITH REGIONAL EXCEPTIONS When the American Land l1tle 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. SCHEDULEB This policy does not insure against Joss; or damage (and the Company will not pay tOSts, 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 o1 persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the publiC records. 4. Disaepandes, conflicts In boundary lines, shortage in area, enaoachments, or any other facts which a correct survey would disclose, and whiCh are not shown by public records. 5. Unpatented mining dalms; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, lbr services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American 7itle ) Order Number: DCB-1689100 (rrv) Page Number: 13 8. AMERICAN LAND TI11..E ASSOCIATION OWNER'S POUCY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly exdtilded from the coverage of this policy and the Company wiD not pay loss or damage, eosls, attorneys' fees or expenses Whidl artse by reason of: I. (a) Any law, ordinance or go111emmental regulation {including bt.t not limib!d to building and zoning taws, ordinances, or regulations) restricting, regulating, prohlbi!~ng or relating to (i) the oo:upancy, use, or enjOyment of the land; (II) the dlaracter, dimenSions or location of any improvement now or hert!ilftet erected on the land; (iii) a separation in ownership or a dlange in the dimenSions or area of the land or any parcel of which the land ~ or was a part; or (lv) envtronmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, exc:ept to the extent that a notice of the enfora!ment thereof or a notiCe of a defect. lien or encumbrance resulting from a Vlola11on or aUieged violation aflecting the land has been reoorded In the public I1!COids at Date of Polley. {b) Any goverM1efltal pob power not excluded by (a) above, exapt to the exlent that a notice ofltte exercise thereof or a rJOUce of a defect, !fen or encumbrance 11esu1Hng fn:lm a violation or alleged Ylolatlon atrecting the land has been recorded In the public rerords at Date of Polley. 2. IUghts of eminent domain unless notice of the exerciSe thereof has been recorded in the public 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, encumbrances,, adwrse daims, or other matters: (a) created, suffered, assumErl 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 ltte Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resuD!g in no loss or dan'lage to the Insured claimant; (d) attaching or created subsfquent to Date of ~icy; or (e) resulting In loss or damage which would not halt1e been sustained if the insured claimant had paid value for the estate or interest insured by this polic.y. 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 ft!deral bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (I) the transaction aeatlng the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (li) the transaction creating t1lte estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the fail~1re: (a) to timely record the Instrument of transfer; or (b) of such re<XII'dation m impart notice to a purchaser for value or a judgment or lien a-editor. 9. AMERICAN LAND TI11..E ASSOCIATION OWNER'S POUCY -1992 WITH REGIONAL EXCEPnONS When the American Land lllfe Assodatfon poi"IC.)' is used as a Standard Coverage Polley and not as an Extended Coverage ~icy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear In the polk.y. SOfEDULEB This policy does not insure against loss or damage (and the Company will not pay eosls, atmrneys' fees or expenses) whidl 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 fads, rights, Interests, or claims whidl are not shown by the public records but which OJUid be ascertained by an inspection of said land or by making Inquiry of per.;ons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Oisaepancles, conflrc.ts in boundary Hnes, shortage In area, encroachments,. or any other facts whiCh a correct survey would disClose, and which are not shown by put•ic recotds. 5. Unpatented mining claims; l'eservations or exceptions In patents or In Ads authorizing the issuance thereof; water rights, claims 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 TI11..E ASSOCIATION RESIDENTIAL TITLE INSURANCE POUCY -1987 EXCLUSIONS In addition to the Exceptions in Sched1ale B, you are not insured against toss, 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 Americon Title J ) Order Number: DCB-1689100 (rrv) Page Number: 14 ThiS exclusion does not apply 1lD violations or the enfon:ement of these mat1e1s which appear in the public reoords at Policy Date. ThiS exdusion does not limit the zoning coverage described in itl!ms 12 and 13 of Covered lltfe Risks. 2. The right to take the land by condemning it. unless: *a 110tia! of exedslng the right appears in the public reaJRis on the Policy Date * the taking happened prior teo the Policy Date and is binding on you if you bought the land without knowing of the U?king. 3. Tdie Risks: * that are Ol!ated, allowed, or· agreed to by you * that are known to you, but not to us, on the Policy Date -unless they appeared in the public records * that result In no loss to you * that first affect your title afber the Policy Date -this does not limit the labor and material lien coverage In l1em 8 of Covered Title Risks 4. FaHure to pay value for your tlUe. 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, deys, or waterw.ays that touch your land This exdusion does not limit the access coverage In nem 5 of Covered Td:le Risks. 11. EAGLE PROTECllON OWNER'S POUCY CLTA HOMEOWNER'S POliCY OF 11TLE INSURANCE-1998 ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE-1998 Covered Risks 14 (Subdivision Law Violation), 15 (BuiJding Permit). 16 (Zoning) and 18 (Encroachment of boundary waDs or fence&) are subject to Deductible Amounts and Ma:dmum Dollar Limits ofLiabllty EXCLUSIONS In addition to the Exceptions in Schedu•~ B, you are not insured against loss, costs, attorneys' tees, and expenses resulting from: 1. Governmental police power, and the exi5teoCe or violatlon of any law or government regulation. This Includes ordinances, laws and regulations OJnceming: a. building b. zoning c. land use d. improvements on the land e. land dMslon 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 PoriCV [)ate. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The falure of Your existing strud.ures, or any part of them, to be constructed In accordance with applicable building codes. This Exduslon does not apply to violations of building codes if J'lOtic2 of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land bV condemning it. unless: a. a notiCe of exerciSing the 1~ght 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. Risla;; 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 Y~ill; or d. that first occur after the Polity Date -this does not limit the coverage described In Covered Risk 7, S.d, 22, 23, 24 or 25. 5. FaHure to pay value for Your Title. 6. Lade 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 watelways that touch the Land. This exdusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EMUS LOAN POUCY AMERICAN LAND TilLE ASSOCIATION EXPANDED <XWERAGE RESIDENTIAL LOAN POUCY (10/13/01) EXCWSIONS FROM a>VERAGE The following matters are expressly eJCicluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tees or expenses which artse by reason of: 1. (a) Ant 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 ocwpancy, use, or enjoyment of the Land; (II) the characrer, dimensions or location of any impro\lell'lent now or hereafter erected on the Land; (In) 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 protectlon, or the effect of any violation of these laws, ordinances or Rrst American 7itle 2. 3. 4. 5. 6. 7. 8. 9. ) Order Number: DCB-1689100 (rrv) Page Number: 15 QO'Iemmental 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 Yiolatlon affecting the Land has been recorded In the Public Records at Date of Policy. This exdusion does not limit the coverage P111Mded under Covered Risks 12, 13, 14 and 16 of thiS policy. (b) An'/ govemmental poli(e power not excluded by (a) above, except to the eldent that a notice of the exen::ise thereof or a f10tice of a defect, lien or encumbrance rE!SUiting from a violation or alleged vfolatian affecting the land has been reoorded in the Public Records at Date of Polley. This exclusion does lllOI: limit the coverage provided under Covered Risks U, 13, 14 and 16 of this policy. Rights of eminent domain unll!SS notice of the exercise thereof has been reoorded in the Public Records at Date of Policy, but not excluding from coverage any taking whldl has occurred prior to Date of Policy which would be binding on the rights of a purdlaser for value without Knowledge. Defects, Dens, encumbrances, adverse daims or other matters: (a) aeated, suffered, assu~ or agreed to by the Insured caimant; (b) not Known to the Company, not reaxded 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 calmant prior to the date the Insured calmant became an Insured under thts polity; (c) rE!SUiting In no loss or damage to the Insured calmanti (d) attaching or aeated subsli!Quent to Date of Polley (this paragraph does not limit the coverage provided under OM!red Rlslcs 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) rE!SUiting In loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceabllity of the lien of the Insured MOI1gage because of the inability or failure of the Insured at Date of Pollc.y, or the Inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business Jaws of the state in which the Land Is situated. Invalidity or unenforooability of the lien of the Insured Mortgage, or claim thereof, which ariSes out of the transaction evidenced by the Insured Mortgage and Is basm upon usury, except as provided In OM!red Risk 27, or any consumer aedlt pmteclfon or truth In lending law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not lmit the ooverage provided under Covered Risks 7, 8 (e) and 26. Any claim of i1Yalldily, unenfurceability or lack of priority of the len of the Insured Mortgage as to advances or rnodificatfons made after the Ill$0red has Knowledge that t:he vestee shown in Schedule A Is no longer the owner of the estate or Interest CXNered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Latk of priority of the Hen of lthe Insured Mortgage as to ead1 and every advance made after Date of Policy, and aR intere!ot charged thereon, over liens, enwmbrances and other matters atreding title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The line a modlflcatlon l!i made to the terms of the Insured Mortgage which changes the rate of Interest charged, if the rate of interest Is greater as a rE!SUit of the modification than It would have been befOre the modification. This exclusion does not limit lthe coverage provided In Covered Risk 8. lbe failure of the residential mucture, or any portion thereof to have been construc.ted before, on or after Date of Polley in accordance with applicable building codes. Th!s exclusion does not apply to violations of building codes if notke of the violation appears In the Public Records at Date of Polley. SCHEDULE& 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. lbe following elCisting slatUtes, reference to which are made part of the ALTA 8.1 Environmental Protection Uen EndOrsen'lant incorporated into this Policy following itefl1l 28 of Covered Risks: NONE. 13. SECOND GENERAnON EAGLE LOAN POUC\' AMERICAN LAND m1.E ASSOCIAnON EXPANDED COVERAGE RESIDENTIAL LOAN POUC\' (10/13/01) WITH REGIONAL EXCI!PTIONS 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 Polic.y the exclusions set furtfl in paragraph 12 above are used and the following exceptionS to coverage appear in the polic.y. 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 recXIrds. 2. Arrf facts, rights, interests, or claims which are not shaovn by the public records but which CXll.lld 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. Dlsaepandes, confllds in boundary lines, shortage in area, enaoachments, or any other facts which a c:orrect survey would disclose, and which are not shown by public records. 5. Unpatented mining dalmsi reservations or exceptions In patents or in acts authorizing the issuance thereof; water rights, claims 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 Environllleltal Protection Lien Endorsement inCXll'pOC"ilted lniD tills POlley fiJIIowing Item 28 of Covered Risks: None. First American 7itle ) ...... . ''You may be en1itled 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 infonnation concerning a prior transaction, First American is required to determine if you qualify for a discount." First American 1itle PRIVACY POUCY 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 information. We understand that you may be ooncemed about what we will do with such infonnat:iOn -partiCularly any personal or financial information. We agree that you have a right to ki'Klw how we will utilize the personal inf'onnation you provide to us. Therefore, ~er with our parent~, The Arst American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personalmformation. Applicability This Privacy Policy governs our use of the information whidl you provide to us. It does not govern the manner in which we may use Information we bave obtained t'rom any other source, sucti as information obtained from a public reoord or from another person or entity. Rrst American has also .adopted broader guidelines that govern our use of personal information regardless of its sourre. Rrst American calls these guidelines its Fair Infonnation Val~ a oopy of whidl can be found on our website at www.firstam.com. Types' of Information Depending upon whidl cl our 5eM::es you are utilizing, the types of nonpublic personal information that we may CDIIect indude: • Information we rereive from you on applications, forms and. in other oommunications to us, whether in writing, in person, by telephone or any other means; • Information about your trcmsadions with us, our affiliated oompanies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate buSiness purposes and not for the benefit of any nonaffiliated party. TherefOre, we will not release yolilr 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 bv law. We may, however, store such information indefinitely, inCluding the period after whidl any customer ni!lationship has reased. Such infortnation may be used for any internal purpose, such as quality oontro1 efforts or oosmmer analysis. We may also provide all of the types of nonpublic personal informatiOn listed above to one or ·more of our affiliared axnpanies. Such affiliated axnpanies indude financial servia! prOviders, such as title insull!rst property and casualty insurers, and trust and investment advisory oompanies, or oompanies involved in real estate services, sum as appraisal oompanies, home warranty oompanies, and escrow oompanies. Furthermore, we may also provide all the infornlation we collect, as described above, to axnpanies that perform marketing services on our behalf, on behalf d our affiliated oompanies, or to other financial institutions with whom WE! or our affiliated oompanies have joint marketing agreements. Former Customers Even if you are no longer our wsb:mer, our Privacy Policy will (X)I'Jtinue to apply to you. Confidentiality and Sealrity 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 infonnation ab()ut you to those individuals and entitles who need to knoW that information to provide products or services to you. We wUI use our best effOrts to b'ain and oversee our employees and agents to ensure that your information will be handled responsibly and in aa::ordance with this Privacy ~ and Rrst American's Fair Infotmation Values We OJ~ maintain physical, electronic, and procedural safeguards that corilply with federal regulations to guard your nonpublic personal infonnation. © 2001 The Arst American Corpomtion • All Rights Reserved 6659 Lemon Leaf Drive Location Map RECEIVED APR 0 4 2016 CITY OF CARLSBAD PLJ\ 1N :--. ...... DIVISION lemon Leaf Admin. Var Exhibit 1 Exhibit 2 Lemon Leaf Admin. Var Exhibit 3 lemon leaf Admin. Var. City of Carlsbad Faraday Center Faraday Cashiering 001 1609501-2 04/04/2016 149 Man, Apr 04, 2016 10:09 AM Receipt Ref Nbr: R1609501-2/0008 PERMITS -PERMITS Tran Ref Nbr: 160950102 0008 0010 Trans/Rcpt#: R0116273 SET #: AV160001 Amount: Item Subtotal : Item Total: ITEM(S) TOTAL: Check (Chk# 4717) Credit Card (Auth# 026800) Total Received: Have a nice day! 1 @ $782.15 $782.15 $'782 .15 $782.15 $765.00 $17.15 $782.15 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: KRIMMER MATTHEVif Description Amount AV160001 782.15 6659 LEMON LEAF DR CBAD Receipt Number: R0116273 Transaction ID: R0116273 Transaction Date: 04/04/2016 Pay Type Method Description Amount Payment Check 782.15 Transaction Amount: 782.15