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HomeMy WebLinkAboutCDP 03-09; VEA RESIDENCE; Coastal Development Permit (CDP)CRY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT El Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Eli Conditional Use Permit fl Condominium Permit Environmental Impact Assessment Elli General Plan Amendment LI Hillside Development Permit El Local Coastal Plan Amendment El Master Plan Non-Residential Planned Development LI Planned Development Permit Planned Industrial Permit El Planning Commission Determination Eli Precise Development Plan Eli Redevelopment Permit Site Development Plan Special Use Permit Eli Specific Plan []Tentative rorool Map Obtain from Engineering Department El Tentative Tract Map El Variance El Zone Change List other applications not 2) ASSESSOR PARCEL NO(S).: 14 02 3 12 C' D 3) PROJECT NAME: V€c_£&cjc/ence 4) BRIEF DESCRIPTION OF PROJECT: j,.-,J&7tt.c..z4 144'na 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) 6/it3Cfi VC4 Ci'J&rJ I MAILING ADDRESS MAILING ADDRESS 57 IJ>ic//lofe /Ccna 577 &2,/dJ'tt,e ''7C CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Jnrper,c/ CA- çjs—, (ygc)rt-./L4g C4. C2zn (1st.) 5d'1. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO KNOWL DOE. THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE Bf ST OF MY KNOWLEDGE )JYJ SIGNATURE DATE SIGNATUR DATE 7) BRIEF LEGAL DESCRIPTION DIJo3&IO NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE PILED. MUST BE SUBMITItI) PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE PILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1OF2 4' . -- 8) LOCATION OF PROJECT: - - STREET ADDRESS - ON THE I SIDE OF (NORTH, SOUTH. EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME-OF STREET) (NAME OF-STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I I - 11) 10) PROPOSED -NUMBER OF'LOTS NUMBER OF EXISTING A- 12) PROPOSED NUMBERDF _____ - - -RESIDENTIAL UNITS RESIDENTIAL-UNITS - 13) TYPE OF SUBDIVISION - 14) PROPOSED-IND OFFICE/ 15) PROPOSED COMM - SQUARE FOOTAGE -- SQUARE FOOTAGE -_- 16) PERCENTAGE OF PROPOSED IN OPEN SPACE PROJECT 17) PROPOSED INCREASE IN ADT - - 18) PROPOSED SEWER USAGE INEDU - 19) GROSS SITE ACREAGE - - 20) EXISTING GENERAL - 21) PROPOSED GENERAL PLAN PLAN DESIGNATION 22) EXISTING ZONING - 23) PROPOSED ZONING I 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 PURPOS SIGNATU R FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED FEB 182003 CITY OF CARLSBAD DATE S2MkaP&PECEIVED RECEIVED BY: TOTAL FEE REQUIRED JOA24- ttcn I DATE FEE PAID RECEIPT NO. I Form 16 PAGE 2OF2 C 01 of Carlsbad C" Lq'IFOVO~ tanning 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 GiiAer+ Corp/Part Title Title_______________________________________ Address 3"77 64 Ic,' 12)je.. iC4iC,, Address______________________ c4— Q.zL i / 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) 0-.-;CJ j 'n Person Corp/Part Title Title_____________________________ Address 577 £-e'd J°-'e- -e Address_____________________ Xc-cccJ- C. r, 1635 Faraday Avenue e Carlsbad. CA 92008-7314 e (760) 602-4600 e FAX (760) 602-8559 3. - NON-PROflT 01?ilZATION-OR TRUSt 0 If any person identified:pursuant to (1-) or (2) aboveis -a nonprofit organization or a frust, list the hathes 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 - Title -- - - Address -- - - Non-Profit/Trust Title - Title - Address - - 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Cothmission , Committees and/or Council within the-past-twelve (-1-2-) months? Yes E]-No If yes, please indicate person(s): - - Non; Attach additional sheets if necessary. I zerZflthat a I the bovoinf, ti truf Vn ?flcrrect to-the best J ¼c Signature of owner/date /ta,tr i/ €v6r4 77ZJn1j.2/3-zC) - p Q fLñsfl £-W* 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 Signature of applicant/date - - - H:ADMINCOLJNTERDISCLOSURE STATEMENT 5198 . Page 2 of 2 • • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS 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: -1 1- square feet x $78.00/sq. ft. = $ ?.1107'1 Residential Addition Square Footage: square feet x $94.00/sq. ft. = $__________________ => Any Garate Square Footage: fl () square feet x $22.001sq. ft. = $ '16 0 =. Residential Conversion Square Footage: square feet x $26.00/sq. ft. = $__________________ . For Non-Residential Uses, use the following figures for calculations: Retail/Store © $38.001sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.001sq. ft.: square feet x$_/sq.ft. = $_______________ COST OF DEVELOPMENT ESTIMATE: $ , o ç o ci B. Do you wish to apply for: I 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 lof8 Existing Building Coverage - sq. ft. Landscaped Area sq. ft Hardscape Area sq. ft. Unimproved Area (Left Natural) sq. ft. New Proposed Total )3R_ksq.ft. sq.ft. 0 (3t) sq. ft. sq. ft. sq. ft. sq.ft. sq.ft. sq.ft. • D. Assessor's Parcel Number of proposed development E. Development Description: Briefly describe project: :42rf.k — F. Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the-proposed development to the: IJ North: - - ac La.crcY' South: - --- -- - -- East- - - - - --- - G. Is project located within a 100 year flood plain? Elves (2 No PRESENT USE OF PROPERTY A. Are there existing structures on the property? Ekes No If yes, please describe. B. Will any existing structure be removed/demolished? flyes JYN0 If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable.-(also show -on plans). Ill. LOT COVERAGE A. Existing and Proposed Form 15 1101 Page 2of8 . . 91 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 Llves# INo Llyes# J3Io Fl Yes PC cu. yds. cu. yds. feet feet cu. yds. Form 15 1/01 Page 3 of 8 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 Ii". 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 spades, 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 8W x 11" size. The building and floor plans shall include the following: 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 1101 Page 4ofO S . 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 SW x 11". (Not required for Single Family Residence). E. Location Map: One (1) copy of SW 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 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 1101 Page 5of8 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 tolls from the San Diego County Assessors Office. The project will NOT go forward until this information is received. 11 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 Lets 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 (TI) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 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 TMA" 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 1101 Page 6of& . . 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 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 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 l5 1101 Page 7of8 • 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 16 1101 Page aof8 . . CALIFORNIA TITLE COMPANY 3465 Camino Del Rio So., Suite 200 San Diego, California 92108 (619) 640-1100 PRELIMINARY REPORT Gilbert Villanueva yea 577 Wild Rose Lane Imperial, CA 92251 Your no.: Attention: Gilbert Order no: 233463-CE Property address: (Vacant Lot) Franciscan Road Carlsbad, California Date: April 22, 2003 In response to the above referenced application for a policy of title insurance, California Tide Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof; a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed schedules, conditions and stipulations of said policy forms. The printed exceptions and exclusions from the coverage of said policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office, which issued this report. Please read the exceptions shown or 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 April 11, 2003 at 7:30 kM. Chuck Bishop Title Officer Fax: (619)640-1144 The form of Policy of Title Insurance contemplated by this report is: RECEIVED A.L.T.A. Loan Policy (10-17-92) with A.L.T.A. Endorsement - Form I Coverage The premium for a Policy of Title Insurance, if issued will be based on: MAY 08 2033 Short-term rate. CITY OF CARLSBAD PLANNING DEPT. . . Order No. 233463-CB SCHEDULE "A" The estate or interest in the land hereinafter described or referred to covered by this report is: A fee Title to said estate or interest at the date hereof is vested in: Gilbert Villanueva yea and Trinidad Tolentino yea, husband and wife, as joint tenants The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows: Lot 10, Block 22, La Costa Downs Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, as shown on Map thereof No. 2013, in the Office of the County Recorder of San Diego County. . Order No. 233463-CR SCHEDULE "B" At the date hereof exception to coverage in addition to the printed exceptions and exclusion contained in said policy form would be as follows: A. General and Special taxes for the fiscal year 2003-2004, including any assessments collected with taxes. A lien not yet payable. B. The following taxes have all been paid and are reported for proration purposes only. General and Special taxes for the fiscal year 2002-2003. - Total amount $2,111.92 1st installment $1 ,055.96 2nd installment $1,055.96 Code area 09018 Parcel No. 214-023-12-00 Exemption C. A bond for ANACAPA, DESCANSO, FRANCISAN, LA COSTA DOWN Bond no. not shown Series 92-1 Issued not shown Original amount not shown Unpaid balance $18,708.84, plus interest. This amount is co Ilected with taxes. This is 1915 Act Bond. This is not a pay-off amount. If pay-off is required, there will be added fees, interest and pre-pay amount. A date of pay-off will have to be provided by you, as interest is compounded daily. Please allow 15 working days. A report will be ordered from the agency concerned D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq. of the revenue and taxation code of the State of California. 1) An easement for purposes herein stated, as shown on or dedicated by the map of said tract For. Public utilities and incidental purposes Affects: The Easterly 6 feet of said land. 2) An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded:- July 30,1927, in Book 1355, Page 214 of Deeds For. Streets, walks, paths, water and public utilities and incidental purposes In favor of: Waring H. Ellis, a single man, his successors and assigns Affects: The location of said easement is set forth therein. 3) An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: August 11, 1927, in Book 1386, Page 138 of Deeds For. Streets, walks, paths and incidental purposes In favor of: Waring H. Ellis, a single man his successors and assigns Affects: The location of said easement is set forth therein. . . Order No. 233463-GB 4) Covenants, conditions and restrictions in an instrument recorded December 15, 1992 as File/Page No. 1992-0802206 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3607 of the United States code or (b) relates to handicap but does not discriminate against handicapped persons. "NOTE: section 12956.1 of the government code provide the following: if this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the government code. Lawful restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as restriction based on familial status." 5) An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: December 15, 1992 as File/Page No. 1992-0802206 of Official Records For: Rail fright service and incidental purposes In favor of: The Atchison, Topeka and Santa Fe Railway Company, A Delaware Corporation Affects: The location of said easement is set forth therein. 6) An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: January 10, 1995 as File/Page No. 1995-0010792 of Official Records FOE Public street and public utility and incidental purposes In favor of City of Carlsbad, a Municipal Corporation Affects: The location of said easement is set forth therein. 7) An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: January 12, 1995 as File/Page No. 1995-0014713 of Official Records For. Public utility and incidental purposes In favor of: City of Carlsbad, a Municipal Corporation Affects: The location of said easement is set forth therein. 8) An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recordech January 24, 1995 as File/Page No. 1995-0031451 of Official Records For. Underground facilities and appurtenances for the transmission and distribution of electricity, pipelines and appurtenances for any and all purposes, communication facilities and appurtenances also the right of ingress and egress and incidental purposes In favor of: San Diego Gas and Electric, A Corporation and Pacific Bell, A Corporation Affects: The location of said easement is set forth therein. 9) A notice concerning proximity of the existing Carlsbad Boulevard transportation corridor, notice concerning aircraft environmental impacts, notice concerning railroad environmental impacts, notice concerning proximity of the proposed commuter rail transit station and notice concerning order environmental impacts dated April 14,1995, executed by and between La Costa Downs, L.P., Richard T. Donahue and Marion S. Donahue and recorded June 15. 1995 as File/Page No. 1995-025147 of Official Records. . ci Order No. 233453-Ct 10) The effect of documents, proceedings, liens, decrees or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the existence of such matters has not been completed and iAll require a statement of information from vestees in order to complete this report. End of Schedule B C C CALIFORNIA TITLE COMPANY o. 23M63 3465 Camino Del Rio So., Suite 200 San Diego, California 92108 (619) 640-1100 I I LENDER'S SUPPLEMENTAL REPORT I I Attrn Ref- Yea The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows: A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This report discloses nothing, which would preclude the issuance of said American land title association loan policy of title insurance with endorsement no. 100 attached thereto. B. The improvements on said land are designed as: None Vacant Lot Franciscan Road, in the City of Carlsbad, County of San Diego, State of California. C. The only fee conveyances affecting said land recorded within 24 months of the date of this report are as follows: None. . Exhibit "A" Lot 10, Block 22, La Costa Downs Unit No. I, in the City of Carlsbad, County of San Diego. State of California, as shown on Map thereof No. 2013, in the Office of the County Recorder of San Diego County. . . Order No. 233463-CB "NOTES AND REQUIREMENTS SECTION" Note No.1 California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 113% of the total sales price as California State Income Tax, subject to the various provisions of the law, as therein contained. NOTE NO.2 PAYOFF INFORMATION: Note: this company does require current beneficiary demands prior to closing. If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows: A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment The amount of this hold will be over and above the verbal hold the lender may have stipulated. B. if this company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at the discretion of the escrow. C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of the servicing agreement prior to close. Note No.3 If this company is requested to disburse finds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business thy after the day deposited. Other checks require a hold period from three to seven business days after the thy deposited. Notice Regarding Your Deposit of Funds California Insurance Code Sections 12413 et Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that fluids be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt Funds deposited with the Company via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If fluids are deposited with by other methods, recording or disbursement may be delayed. All escrow and sub- escrow fluids received by the Company will be deposited with other fluids in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value o or to pay such party, any benefit received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow or sub-escrow. Wiring Instructions for This Office: Comerica Bank Financial Services Group 9920 S. La Cienega Blvd., 11th a. Inglewood, CA 90301 Routing #121137522 Account #1891629808 Credit California Title Company Please reference Order No. 233463-CR And Chuck Bishop, title officer . . CALIFORNIA 1TITJE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Tnfonnation Li cr to bdIrwrc your needs now and ii. the lhuut, t nay ask you to prorit us with cataia tIuundaWcsdadaalthatyuusnaybcccotxznedaboutwiatwt will do with sodtiiftxnntiou- pazøculadyazqpcao.aIocfinzTwMkIThnnalia We agite that you lana 4gltte kaGwhowwt will tbe the pea'oual hfbantioctt you pnnfdc ton ttetefoe itt Mvt a&pted this PrincyEolky to tog 1t uSeandhslRagQfyoirpazaudmfbtnnhaQIL - ApJkability ThçPun4yPo&y5unaa o use ofdie infv. rnafLst tith wupavi&bn It does not gorcin Ibe pmãwiatwtmayuse iufmtinthnt obbinedfrxnaytsourvej, nith as infotmation dtSdfrumajx*ilicrwordorfromantrpcisonortatity. Types of Inftnnation Depending upon wbich ofour secvices you are utilizing. the types ofnonpiblic pezsdnai intounatioa that wtwaycotlectiidu& - * Thtbauatiou we receive from you on. applications, forms and in other communications to us, wtcdierin wñting, in pawn, by telephone or anyother means. • Tnfbnnation about your transactions with usouramliated companies or oU*ers and • Lnmnatiou we receive froma consumer reporting agency. Use of Information Weraucstinibcua1ioa flow you for out own legitimate business puzposes and not for benefit ofany a,uathJlikdpartc Thackrc itt nIH notzdease your infonnatlun to nouàfthliatcd pathesaccpt (I) as necessaiylörus to proñóedt product or scaioe you have requested otus orQZ) as pautted by&w. We !fla)bWtTec sk*csuthithuintiouädcflnitdy, iadudingtepaiodtwbithny custnt kdatioad4 has ceased. Suchintbunaliou maybe used ibr any internal purpose, suck as quality cocdrol effotts or customsraualjsi& Former Customers Ena ifyou arc it longer our catmcç oa Privacy Policywifl ?ontinuc to aWlytoymL Confidentiality and Security Wcitifl use orbcst efforts to ene that no unauthorized parties Late ace= to any ofyour infouiiatioa Wczetdct acss $OJIOqJthliCpCZSOWI inToimatlon about you to tsc indhi&zt and adities who need $,kwwEatttbwntioa to provide products or serviocs to you. We i1t use cur best tt totain and vvn0 Oit tti*flotcs and agads to czt diatyuw infonintioi wilt be haallcd itqxmsiUy an! in accordance with this Páncy?olicy. Wccunatly a. hpics$, dectiouk, and proctal safeguards Out co.qily wiUtk&nl xegttions In guati y noxqit4icpersoeal infaumllou. S C z 3 U) -I 00 IM Del T~71 awsm4wa mm EWE) rain ins a refts ia#Thfl4aa i1tI flflvtT2 mx sa Mas.1n in mM a a in Im Im mmmom aaaa ---a- ---a— -Mono... 12121/CS SM S C 3 Oh 0 Ca 2." 5 "I P1 "Nmco: Th! I: noiLhr I hr tier i nuv,v It in ft riisl ri Iricr(y n r ' old cLirq th id frdicntcd I)ciccj r11cI?J,cP in nnri uffir LnrI, (.i, GthIj;r —. — - - I I III SCAtI1I1OOFANlNCK 111111111 1 2 - 1-800-345-7334 3? .--- .-. IT CP_.- FRANCISCAN no. _—st ON 3 -- 4 5 0 7 @ °BLK2ZGi___ ktS Q S G) C331 h 1' 20 19 lb 17 IS lB 14 13 < 12 oW SURFSIDE (Pot.nv OR,) LW Ii p 14-02 r so' 09 egos air ) taos (A.t RY.) POP PAR 2A SE MAP 004- + ,\ I I' 3 4 7 0 B 9 0 e '& 4 'p ----a-f'! 5, 1 - )13 - LA COSTA DOWNS UNIT NO. 1 5229 Lo SAN DUES? COUNTY ASStSI?15 III? IC 2I 00 OC\\ OLD HWY. tOt (DIV. Z ROUTE 2, SEc. g)