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HomeMy WebLinkAboutCDP 02-58; WORTHING SECOND DWELLING; Coastal Development Permit (CDP)LN Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit E Condominium Permit Environmental Impact Assessment General Plan Amendment 7 Hillside Development Permit Local Coastal Plan Amendment Master Plan 7 Non-Residential Planned Development Planned Development Permit 2) ASSESSOR PARCEL NO(S).: k 3) PROJECT NAME: - 4) BRIEF DESCRIPTION OF PROJECT: CITY OF CARL SBAD .10 LAND USE REVIEW APPLICATION 1 ) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) Planned Industrial Permit Planning Commission Determination pJIli Precise Development Plan E Redevelopment Permit E Site Development Plan Special Use Permit Specific Plan E Tentative Parcel Mop Obtain from Engineering Department Eli Tentative Tract Map Elil Variance Zone Change List other applications not specified 2z7-ZII-€ 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) lok UJO{ brv' , oV) MAILING ADDRESS AILING ADDRESS M 'f7OkX ID41 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE N. (£è Uq) I CERTIFY THAT I AM THE LEGAL OLNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE ;ga& I--- A 'i 1 6/1) -L- CORRECT TO THE BEST OF MY KNOWLEDGE. DATE SIGNATURE DATE 7) BRIEF LEGAL DEPTION ('1J 207- 2-11-) NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 C . 8) LOCATION OF PROJECT: STREET ADDRESS ON THE I /2OU1' I SIDE OF e tv (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I ''\$ AND K ft I (NAMECIF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE J 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER OF RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 14) PROPOSED (ND OFFICE! 15) PROPOSED COMM SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN 18) PROPOSED SEWER PROJECT IN OPEN SPACE ADT USAGE IN EDU 19) GROSS SITE ACREAGE t1I,*20) EXISTING GENERAL 21) PROPOSED GENERAL I ( PLAN PLAN DESIGNATION 22) EXISTING ZONING 23) PROPOSED ZONING 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNA1(JRE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED EC 102002 OF CARLSBAD DATE STAM TCEIVED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. I Form 16 PAGE 2OF2 I S • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Appllcalion check!ist forNon-Single FamllyRe3ular Coastal Development Pennits coed undersepaiate handout) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). =. New Residential Square Footage: (o40 square feet x $78.00/sq. ft. = $ 4'1ZO => Residential Addition Square Footage: square feet x $94.00/sq. ft. = $__________________ => Any Garage Square Footage: square feet x $22.00/sq. ft. = $__________________ => Residential Conversion Square Footage: square feet x $26.00/sq. ft. = $__________________ For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.: square feet x$ /sq.ft. = $_______________ COST OF DEVELOPMENT ESTIMATE: $_4- B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) 2. A Regular Coastal Development Permit ($60,000 or more) C. Street address of proposed development Form 15 1/01 Page 1 of 8 I . D. Assessor's Parcel Number of proposed development E. Development Description:• Briefly describe project:J 'd &4-04 cL defl F. Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: '2EV '' South: '7E17 East: '7fD West: G. Is project located within a 100 year flood plain? EYes r7l No PRESENT USE OF PROPERTY A. Are there existing structures on the property? EYes D No If yes, please describe. B. Will any existing structure be removed/demolished? Yes is No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). LOT COVERAGE A. Existing and Proposed Existing New Proposed Total Building Coverage 2S)sq. ft. b4Q sq. ft. 3+'io sq. ft. Landscaped Area 1?,' sq. ft. —__sq. ft. (509sq. ft. Hardscape Area sq. ft. 2.10 sq. ft. \\ 71) sq. ft. Unimproved Area (Left Natural) __sq. ft. sq. ft. sq. ft. Form 15 1/01 Page 2of8 . . C. Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? Grade Alteration: Is any grading proposed? If yes, please complete the following: '1. Amount of cut 2. Amount of fill 3. Maximum height of fill slope 4. Maximum height of cut slope 5. Amount of import or export 6. Location of borrow or disposal site 3 EYes# No Ll Yes # No El Yes No Cu. yds. Cu. yds. feet feet Cu. yds. Form 15 1/01 Page 3 of 8 . S IV. ENVIRONMENTAL REVIEW Submit Environmental Impact Assessment (EIA) Part I with Regular Coastal Development Permits; check with Planning Staff regarding Minor Coastal Development Permits and Single Family Regular Coastal Development Permits for any environmental review requirements. V. GENERAL APPLICATION REQUIREMENTS (For Single Family Regular and Minor Coastal Development Permits; Regular Coastal Development Permits covered under separate handout) A. Site Plan: Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Regular Coastal Development Permit prepared on a 24" x 36 sheet(s) folded to 8W x 11". The site plan shall include the following information: 1. General a.. Name and address of applicant, engineer and/or architect, etc. b. Location, size and use of all easements. C. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. d. Distance between building and/or structures. e. Building setbacks (front, rear and sides). f. Location, height and materials of walls and fences. g. Dimensions/location of signs. h. A summary table indicating the following information (if applicable to the application): (1) Site acreage (2) Existing zone and land use (3) Proposed land use (4) Total building coverage (5) Building square footage (6) Percent landscaping (7) Number of parking spaces (8) Square footage of open/recreational space (if applicable) (9) Cubic footage of storage space (if applicable) i. Show all applicable Fire Suppression Zones as required by the City's Landscape Manual. B. Building elevations (all sides of all buildings) and floor plans: Four (4) copies for a Minor Coastal Development Permit and four (4) copies for a Single Family Regular Coastal Development Permit, prepared on 24" x 36" sheets folded to 81/2" x 11" size. The building and floor plans shall include the following: 1. Location and size of storage areas (if applicable) 2. All buildings, structure, walls and/or fences, signs and exterior lights. 3. Existing and proposed construction. C. Grading and Drainage: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the City Planning and Engineering Department Form 15 1/01 Page 4of8 . . representative for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within 100' perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. 2. Earthwork volumes; cut, fill, import and export. 3. Spot elevations at the corners of each pad. 4. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 5. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision. Show location and approximate size of any proposed detention/retention basins. 6. Clearly show and label 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. D. Reduced site plan: One (1) copy of 8W x 11". (Not required for Single Family Residence). E. Location Map: One (1) copy of 8 1/2" x 11" (suggested scale 200" - vicinity maps on the site plan are not acceptable). F. Colored Site Plan and Elevation Plan: (Not required with the first submittal) It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. VI. REQUIRED DOCUMENTS A. Land Use Review Application Form B. Completed Coastal Development Supplemental Application Form C. Disclosure Statement D. Completed "Project Description/Explanation" Sheet E. Title Report (required for sites in Coastal Commission Appeal Area and for single family residential) Form 15 1/01 Page 5of8 S . VII. OTHER REQUIREMENTS A. Property Owners List and Address Labels NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the radius map, two (2) sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will NOT go forward until this information is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM or Courier NEW (U) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave. APT 3 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1"=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. 100' Radius Occupants/Address List and Labels (for coastal zone/CDPs only): One (1) list of the occupants/addresses located within a 100' radius of the project site; and two (2) sets of labels (as described in "A" above) of the addresses within a 100' radius. B. Fees and Deposit for Publication of Notices: See Fee Schedule for amount. VIII. SPECIFIC APPLICATION REQUIREMENTS (May apply to single family, regular and minor coastal development permits) Coastal Overlay Zones require additional information to be submitted as follows: (refer to the Municipal Code for a full description): A. Coastal Agriculture Overlay Zone Form 15 1/01 Page 6 of 8 . S 1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overlay Zone 1. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the Carlsbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(B)(1) of the Carlsbad Municipal Code, if project is located along the first row of lots bordering Buena Vista Lagoon including the Lagoon mouth. 3. Topographic, drainage and wetland mapping subject to Subsections 21 .203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located east of Interstate 5 in the Batiquitos Lagoon watershed. 4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along El Camino Real immediately upstream of existing storm drains. 5. Geologic report addressing landslides and slope stability subject to Subsection 21.203.040(B)(4) of the Carlsbad Municipal Code. 6. Geologic report addressing land slides and seismic hazards subject to Subsection 21.203.040(C) and (D) of the Carlsbad Municipal Code. C. Coastal Shoreline Development Overlay Zone 1. Geotechnical report subject to 21.204.110 if project is located adjacent to an existing seabluff edge between the sea and the first public road parallel to the sea; also may be required by Planning Director if deemed necessary consistent with Section 21.204.110 of the Carlsbad Municipal Code. 2. Show all structures and decks on adjacent north and south properties to perform "stringline" test subject to Subsection 21.204.050(B) of the Carlsbad Municipal Code. 3. Unless otherwise submitted project in this zone must also be submitted with plans showing: a. Boundaries and topography b. Existing and proposed structures C. Circulation d. Drainage e. Finished topography f. Landscaping D. Coastal Resource Overlay Zone Mello I LCP Segment 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershed. Form 15 1/01 Page 7of8 . I IX. REQUIRED COASTAL PERMIT FINDINGS Approval of a regular or minor coastal development permit is based on the ability to make three coastal related findings. These three findings are presented below for your review and information. 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. 3. That the development conforms with any applicable decision pertinent to this proposal and/or site as set by the Coastal Commission on a previously related appeals decision per Public Resources Code §30604(c). - Form 15 1/01 Page 8 of 8 F City of Carlsbad lanning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: - Person is defined as "Any individual, 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. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. 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 t7/4e k'!7 0 IU &' Corp/Part N Title Title Address Address______________________________________ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 'rOo k'7 wo'd- Corp/Part M h Title VVWJ Title Address 4 1 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NO PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: U)(+J'rii '2rid 12je111r- UtJicf 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: ad & 10 2i'JcJ Project D 1170 e~\'~Q- ~0 escription Description 10/96 Page 1 of 1 . S City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: WORTHING BROOKS A&PAMELA J Description Amount ZZA -74 CDPO2 058 54.76 Receipt Number: R0032079 Transaction Date: 01/17/2003 Pay Type Method Description Amount Payment Cash 54.76 Transaction Amount: 54.76 D . . City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: NORTHING BROOKS A&PAMELA J Description Amount CDP02058 585.00 3186 12/10/02 0002 01 02 COP 5B5.00 Receipt Number: R0031413 Transaction Date: 12/10/2002 Pay Type Method Description Amount Payment Credit Crd VISA 585.00 Transaction Amount: 585.00 ording requested bY D0C 2002-0024194 First American Title BY: I. Escrow No. 17084-LV I :*3AN 10, 2002 4 --58 PM Title Order No. 1284140-9 I When Recorded Mail Document I 016160 OFFICI. RECORDS and Tax Statement To: I DIEGO COUNTY RECORDERS OFFICE Mr. and Mrs. Brooks A. Worthing GEM J. ITH COUNTY RECORDER 4331 Hillside Drive FEES: 374.90 Carlsbad, CA 92008 //II//I//IihI/ihI/I1//I///IIihI/ihl//I//IlllIII///l/I/I/llu/l//lI/ 3 APN: 207-211-58-00 I 2002-0024194 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor(s) declare(s) Documentary transfer tax is $ 361.90 [X I computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale, I Unincorporated Area City of Carlsbad FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Michael C. Franklin and Sherry C. Franklin, Husband and Wife as Joint Tenants hereby GRANT(S) to Brooks A. Worthing and Parnelà J.-. Worthing, husband and wife as community property with right of suvivorship the following described real property in the City of Carlsbad County of San Diego, State of California: Lot 153 of Carlsbad Tract 72-18, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7973, filed in the Office of the County Recorder of San Diego County, June 27, 1974. Michael.dFrsagn ~' kaeu Sherry C. FrIklin DATED: December 7, 2001 STATE OF CALIFORNI44 COUNTY OF 1CJ-Z'3'L- )C-fj ON Tall - a , 400 - ' before me, LIND A P. VILLA personally appeared IjyJc&a.1o_n-4er proved to me on the basis of satisfactory evidence) to be the person(s) whose name( '1re subscribed to the within instrument and acknoI1g91ç me that he he'I ey executed the same in, her their authorize pacity(ies), and that by his4erffir signature(s) on the instrument the person (s3(or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hVqand official seal. Signa ~ure 4 LINDA F. VILLA COMM.#1296211 m Notary Public-California o SAN DIEGO COUNTY My Comm. Exp. March 3O2OJ V 1P MAIL TAX STATEMENTS AS DIRECTED ABOVE FD-213 (Rev 9/94) GRANT DEED .1 ORDER NO. 1284140-9 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 DECEMBER 10, 2001 ESCROW TRANSFERS 785 GRAND AVENUE #101 CARLSBAD, CA 92008 ATTENTION: LINDA VILLA YOUR REF. 17084-LV OUR ORDER NO. 1284140-9 BUYER: WORTHING, BROOKS A & WORTHING, P J PROPERTY ADDRESS: 4331 HILLSIDE DRIVE CARLSBAD, CALIFORNIA IN RESPONSE TO THE HEREIN 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 TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN-OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. 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. DATED AS OF NOVEMBER 26, 2001 AT 7:30 A.M. BONNIE STARI< -TLE OFFICER JEFF YOUNG - ASST. TITLE OFFICER DIRECT DIAL PHONE 231-4631 FAX NO. 231-4640 rj-tjc. I ORDER NO. 1284140-9 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA RESIDENTIAL HOMEOWNERS(EAGLE), ALTA LOAN TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MICHAEL C. FRANKLIN AND SHERRY C. FRANKLIN, HUSBAND AND WIFE AS JOINT TENANTS. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002, NOT YET DELINQUENT. FIRST INSTALLMENT: $355.99. SECOND INSTALLMENT: $355.99. CODE AREA: 09000. A.P. NO.: 207-21 1-58-00. 2. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 2001-2002 ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE, NOT YET DELINQUENT. FIRST INSTALLMENT: $1,190.43. SECOND INSTALLMENT: $1,190.43. A. P. NO.: 819-376-49-61. 3. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 2001-2002 ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE, NOT YET DELINQUENT. FIRST INSTALLMENT: $411.87. SECOND INSTALLMENT: $411.87. A. P. NO.: 809-376-49-70. 4. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 2 ORDER NO. 1284140-9 el" MIr 5. AN EASEMENT AS SHOWN ON THE MAP OF SAID TRACT. FOR: STREET, TREE, UTILITY AND INCIDENTAL PURPOSES. AFFECTS: A PORTION OF LOT 153. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DOCUMENT RECORDED JULY 1, 1974 AS INSTRUMENT NO. 74-176298 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 U.S.C. SECTION 3604(c) OR CALIFORNIA GOVERNMENT CODE SECTION 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. NOTE :DOCUMENTS DECLARING MODIFICATIONS THEREOF RECORDED JULY 19, 1974 AS INSTRUMENT NO. 74-194278 OF OFFICIAL RECORDS AND RECORDED JUNE 10, 1975 AS INSTRUMENT NO. 75-143830 OF OFFICIAL RECORDS. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF $284,900.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED FEBRUARY 16, 2001 AS INSTRUMENT NO. 01-0091007 OF OFFICIAL RECORDS. DATED: FEBRUARY 14, 2001. TRUSTOR: MICHAEL C. FRANKLIN AND SHERRY C. FRANKLIN, HUSBAND AND WIFE. TRUSTEE: CALIFORNIA RECONVEYANCE COMPANY. BENEFICIARY: WASHINGTON MUTUAL BANK, FA. 8. ANY DEFECTS, LIENS, ENCUMBRANCES OR OTHER MATTERS WHICH NAME PARTIES WITH THE SAME OR SIMILAR NAMES AS MICHAEL C. FRANKLIN AND SHERRY C. FRANKLIN. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED. IN ORDER TO COMPLETE THIS PRELIMINARY REPORT OR COMMITMENT, WE WILL REQUIRE A STATEMENT OF INFORMATION. ACCORDING TO THE LATEST AVAILABLE EQUALIZED ASSESSMENT ROLL IN THE OFFICE OF THE COUNTY TAX ASSESSOR, THERE IS LOCATED ON THE LAND A SINGLE FAMILY RESIDENCE KNOWN AS 4331 HILLSIDE DRIVE, CARLSBAD, CALIFORNIA. NOTE :ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE LAND DESCRIBED HEREIN WITHIN A PERIOD OF 12 MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: PAGE 3 AI L . .. ORDER NO. 1284140-9 A DEED RECORDED FEBRUARY 16, 2001 AS INSTRUMENT NO. 01-0091006 OF OFFICIAL RECORDS. EXECUTED BY: SHARON CHRISTIANSON, AKA SHARON K. CHRISTIANSON. TO: MICHAEL C. FRANKLIN AND SHERRY C. FRANKLIN, HUSBAND AND WIFE AS JOINT TENANTS. INFORMATION NOTE: THE POLICY ISSUED WILL BE BASED ON SHORT TERM RATE. PAGE 4 M r R NO ORDER NO. 1284140-9 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 153 OF CARLSBAD TRACT NO. 72-18 UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7973, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1974. PAGE 5 \2lLf.1 INQ ORDER NO. 1284140-9 WIRING INSTRUCTIONS FOR YOUR TRANSACTION THE INSTRUCTIONS PROVIDED BELOW ARE EXCLUSIVELY FOR OUR DEMAND/DRAFT, SUB-ESCROW ACCOUNTS. FIRST AMERICAN TRUST COMPANY SANTA ANA BRANCH 421 N. MAIN ST. SANTA ANA, CA 92701 ABA 122241255 CREDIT TO FIRST AMERICAN TITLE INSURANCE COMPANY ACCOUNT NO. 13101 PLEASE REFERENCE YOUR TITLE OFFICER AND TITLE ORDER NUMBER. DECEMBER 10, 2001 5:37 PM PAGE 6 S 0 • "N ---a ---a ---a ---U MINIMUM IMENNINN WINNIMEN NIMMEN ---U ---a ---U 25 ' l2S SHT I 127 128 129 -4 SANDIEGO COUNTVES ASSOSAS MAP BO0KZO7 PAGE 2 MAPPED FOR ASSESSMENT PURPOSES ONtI Q) -e a) 41\ 4 \SHT,2 C-) 0 I 0) -a) \ I @ 0) / 142 •0 / Q) E Oki