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CDP 03-28; Byrne Second Dwelling Unit; Coastal Development Permit (CDP)
CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) (FOR DEPARTMENT USE ONLY) • • • • • • • • • • Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit I I Planned Industrial Permit I I Planning Commission Determination I I Precise Development Plan I [ Redevelopment Permit I I Site Development Plan I I Special Use Permit I I Specific Plan I I TcntotivG Parcel Map Obtain from Engineering Department I I Tentative Tract Map I I Variance I I Zone Change I I List other applications not specified (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S 3) PROJECT NAME:i?)V|^jJ|^ 4) BRIEF DESCRIPTION OF PI 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) MAILING ADDRESS tfB6? LA l^4<^t^R LAS^ MAILING ADDRESS O CITY AND STATE ZIP TELEPHONE CITY AND STATE / ZIP TELEPHONE m \ 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFOgMATION IS TRUE AND CORRECT TO THE BEST OF MY KNdWLMbGE. >^ 1 CERTIFY THAT 1 AM IHE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECWO^THE BEST-©E^Y KNOWLEDGE. SIGItATURE ^ DATE SIGNATtmE DATE 7) BRIEF LEGAL DESCRIPTION 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 TNr-\ /A'?.'-«r73 PAGE 1 OF 2 8) LOCATION OF PROJECT ON THE BETWEEN STREET ADDRESS SIDE (NORTH, SOUTH, EAST, WEST) OF I LAlR.K^=>Ufz, Z^^<g AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) (^AME OF STREET) 1 2) PROPOSED NUMBER OF RESIDENTIAL UNITS 1 5) PROPOSED COMM SQUARE FOOTAGE 1 8) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION -0 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 JSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. lA/VE CONSENT TO/BNTRY FOR THTS>^URPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED JUL 0 7 2003 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEiVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 8) LOCATION OF PROJECT ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) STREET ADDRESS SIDE OF I LARK^^'C^I^ ^AJ^ AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING '(NAME OF STREET) (^AME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 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 INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT )NTI3Y FOR THTS-eURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED JUL 0 7 2003 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: BYRNE RICHARD Description CDP03028 Amount 585.00 Receipt Number: R0035549 Transaction Date: 07/07/2003 Pay Type Method Description Amount Payment Credit Crd VISA 585.00 Transaction Amount: 585.00 8936 07/07/03 0002 01 02 CGP ^ 585.00 CITY G CARLSBAD - AFFIDAVIT OF COIW^SANCE FOR A SECOND DWELLING UNIT Instructions to Propertv Owner (Affiant): Please type or print complete and accurate answers in all blank spaces in Section I. Please read carefully, particularly Section n. Please read, sign and date Section ill indicating that you understand and agree with the conditions of compliance. SECTION I - INFORMATION Property owner(s): Name(s) Property Address: Street Address ^ ^ ^-i ^ /n ^A(?LSeA^ ^A. City State Zip Code Assessor Parcel No. Subdivision: / or %i 44B3 Name Lot/Block Parcel No. Project Number: SECTION n - CONDITIONS FOR COMPLLANCE PLEASE READ CAREFULLY 1. A second dwelling unit is an attached or detached dwelling unit which is located on the same lot as an existing owner-occupied single family detached dwelling unit and is: a. Suitable for use as a complete living facility with provisions within the facility for cooking, eating, sanitation and sleeping; b. Occupied by one or more persons; and c. Subordinate to the main dwelling unit. 2. The Property Owner(s) listed above hereby certifies that he/she owns the above referenced property, as of the date of this affidavit, and to his/her belief and knowledge, there are no conditions, covenants or restrictions on the property prohibiting a second dwelling unit apartment. 3. The Property Owner(s) agrees to the following terms and conditions: FRM0006 5/96 PAGE 4 OF 5 a. The propeny and residence referenced above must Trot contam a second residential dwelling unit unless it is in compliance with the second dwelling unit administrative permit provisions of the Zoning Ordinance of the City of Carlsbad. b. The Property Owner(s) shall reside in either the main dwelling unit or second dwelling unit described above, now, and for the life of this agreement. "Owner" shall include a lessee if the leasehold includes both the main dwelling unit and the second dwelling unit. c. The Second Dwelling Unit may only be rented and shall not be sold separately from the main dwelling unit, unless the lot on which such units are located is subdivided. d. The Property Owner(s) agree to rent the Second Dwelling Unit at a monthly rental rate which shall not exceed an amount equal to 30% of the gross monthly income of a low- income household, adjusted for household size, at 80% of the San Diego County median income. ^ e. A copy of this agreement and Affidavit must be given by the Property Owner(s) to prospective purchasers of the property prior to entering into a sales contract for said property. SECTION m - AFFIRMATION AND AGREEMENT I HEREBY DECLARE AND AFFIRM, under penalty ofpeijury, that all matters and facts set forth in this agreement are true and correct to the best of my knowledge, information and belief, and that I (we) understand, accept and will abide by the regulations, requirements, and standards goveming the Second Dwelling Unit. BY: <^rMi.<a,o :S>f/2j^ PropertyOwner Date - . BY: )< Date Owner's Telephone Number(s): C^^^ f0\ -^^0^ K ) Home ' Office FRMQ006 5/96 PAGE 5 OF 5 • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Appftatkv)c/iecM£sf/brMvKSff^/=a^ This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carisbad. 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: square feet x $78.00/sq. ft. = $ Residential Addition Square Footage: a* t^>5S square feet x $94.00/sq. ft. = $ ^^,^1-2, 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 $ Isq. ft. = $ At COST OF DEVELOPIVIENT ESTIIVIATE: $ ^7'2- 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 c D. Assessor's Parcel Number of proposed development Development Description: Briefly describe project: Cs^fdmntJCf A ^NB BeC2>f^C»A^ i^ARrTA/[l^AJ-r aKAN^YP"^^^ Aeo\/e THg Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North:_^^^^i_ South: ^ ; , East: West: G. Is project located within a 100 year flood plain? | |Yes Q' No PRESENT USE OF PROPERTY A. Are there existing structures on the property? 0Yes Q No If yes, please describe. B. Will any existing structure be removed/demolished? EH Yes PT 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 Existinq New Proposed Total Building Coverage l^h^so. ft. ^3>B> sq.ft. I^^SQ. ft. Landscaped Area 4/^ sq.ft. sq. ft. 4</^sa. ft. Hardscape Area J^^q. ft. ^ sq. ft. sq.ft. Unimproved Area (Left Natural) — sq.ft. sq. ft. sq. ft. Form 15 1/01 Page 2 of 8 B. 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 th,e following: A- 3 l3Yes#_ 3Yes# • Yes 1. 2. 3. 4. 5. 6. Amount of cut Amount of fill • NO • NO El No Maximum height of fill slope _ Maximum height of cut slope. Amount of import or export cu. yds. cu. yds. feet feet cu. yds. Location of borrow or disposal site Form 15 1/01 Page 3 of 8 ENVIRONIVIENTAL 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. 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 872" 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 ali 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 arid fences. g. ^ Dimensions/location of signs. _ A summary table indicating the following information (if applicable to the (if^'lile acreage . C ^/o<^:>^7 (2) Existing zone and land use R'^ (3) Proposed land use f^ ' ^ (4) Total building coverage \'^£>'5^f^' , f^" i/frzn, (5) Building square footage p3Sj^^>4^^ ^^1^ (6) Percent landscaping ^} (7) Number of parking spaces A' (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 814" 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 4 of 8 representative for a determination on any grading plan geotechnical requirements if the project is in an overiay zone. The following information shall be submitted at a minimum: 1. Approximate contours at 1' intervals for slopes less than 5%; 2' inten/als 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. Cleariy 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 814" x 11". (Not required for Single Family Residence). E. Location Map: One (1) copy of 814" xli" (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) davs 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 5 of 8 Vll. 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 (induding 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 (TT) 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 MAGNOUA AVE Carisbad, 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. SPECIFIC APPLICATION REQUIREMENTS (May apply to single family, regular and minor coastal development permits) Coastal Overiay Zones require additional information to be submitted as follows: (refer to the Municipal Code for a full description): A. Coastal Agriculture Overiay Zone Form 15 1/01 Page 6 of 8 1. Refer to the Carisbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overiay Zone 1. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the Carisbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(B)(1) of the Carisbad 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 Carisbad 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 Carisbad 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 Carisbad Municipal Code. 6. Geologic report addressing land slides and seismic hazards subject to Subsection 21.203.040(C) and (D) of the Carisbad Municipal Code. C. Coastal Shoreline Development Overiay 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 Carisbad 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 Carisbad 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 Overiay Zone Mello I LCP Segment 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carisbad Municipal Code if project is located in the Batiquitos Lagoon watershed. Form 15 1/01 Page 7 of 8 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 Citv of Carlsbad Planning 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 carmot be reviewed until this information is completed. Please print Note: Person is defmed as "Any individxial, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, in tiiis 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 iuune and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETTE. LEGAL names and addresses of ALL persons having a financial interest in the apphcation. If the applicant includes a corporation or partnership, include the names, titie, 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 publiclv-owned corporation, include the names, tities, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person KlCf^AfZt? 3Y^£ Corp/Part_^ Titie -f/^.Uy5J>^ Title Addre..s Um^/^UiOc: Address 2. OWNER (Not tiie 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 publiclv- owned corporation, include the names, tities, and addresses ofthe corporate officers. (A separate page may be attached if necessary.) Person Tide f^t^/rl^e- Titie Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ 3: NON-PROFIT ORGANIZATION OR TRUST _ If any person identifled 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/Irust p>r Non Profit/Trust_ Title \ Title ^ Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above infonnation is true and correct to the best of my knowledge. Signature of owner/date (J -Signature of applicaiwdate Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if apphcable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 SOUTHLAND TITLE 9665 Granite Ridge Or. #300 San Dlego, CA 92123 PHONE: (858) 503-2000 Escrow No.: CA8459 Order No.: 33311985 SOUTHLAND TITLE ESCROW-CARLSBAD 7130 AVENIDA ENCINAS, STE. 200 CARLSBAD, CA 92008 Attention: SHIRLEY AGUILERA Property Address: 1186 Larkspur Lane, Carlsbad, California DATED AS OF April 29, 2003 AT 7:30 A.M. "PRELIMINARY REPORT" IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, SOUTHLAND TITLE HEREBY REPORTS THAT 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 IN SCHEDULE B 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 THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS THAT 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. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: American Land Title Association Refinance SOUTHLAND TITLE KIM BRYANT, TITLE OFFICER Fax: (858) 268-1834 ORDER NO. 33311985 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: Richard Byrne, Trustee of the Richard Byrne Revocable Trust dated August 23, 2001 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED IN ATTACHED EXHIBIT "A": ORDER NO. 33311985 EXHIBIT "A" Lot 8 of Woodland Heights, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4438, filed in the Office of the County Recorder of San Diego County, January 8, 1960. Assessor's Parcel No. 205-430-08 ORDER NO. 33311985 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2003 - 2004 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, ace paid. For proration purposes the amounts are: Fiscal year: 2002 - 2003 1st Installment: $402.90 Paid 2nd Installment: $402.90 Paid Homeowners Exemption: $7,000.00 Code Area: 09000 Assessment No.: 205-430-08 C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of Califomia. 1. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map of: 4438 Easement purpose: public utilities Affects: as shown on said Map 2. Covenants, conditions and restrictions as set forth in the document Recorded: January 11, 1960 as Instrument No. 5657 of Official Records But omitting any covenant, condition and restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenants, condition or restriction (a) is exempt under title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. Note: Section 12956 of the Government Code provides the following; If this document contains any restrictions 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. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 ofthe Government Code. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of tmst made in good faith and for value. ORDER NO. 33311985 Modification(s) of said covenants, conditions and restrictions Recorded: July 1,1960 as Instrument No. 134728 of Official Records 3. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $250,000.00 Dated: April 2, 2003 Trustor: Richard Byrne, an unmarried man Tmstee: Emmett James House and Bill R. McLaughlin Beneficiary: Union Planters Bank, National Association Recorded: April 14, 2003 as Instrument No. 2003-0423709 Official Records Original Loan No.: 0495135398 4. Any invalidity or defect in the title of Vestees in the event such tmst is invalid or fails to confer sufficient powers in the tmstees or in the event there is lack of compliance with the terms and provisions of the tmst instmment. End of Schedule B See "Notes and Requirements' ORDER NO. 33311985 REQUIREMENTS Req. No. 1; The Company will require that it be provided with either (i) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (ii) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Reference: Richard Byrne, Tmstee of the Richard Byrne Revocable Trust dated August 23, 2001 Req. No. 2: The Company will require a statement of information from the parties named below in order to complete this report, based on 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. Parties: Byrne, Richard (Note: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the statement of information is essential and will be kept strictly confidential to this file.) ORDER NO. 33311985 NOTES Note No. 1: If the title company is required to pay the real property taxes for any tax parcels included in the transaction, sufficient funds will be withheld from the escrow to pay the taxes unless one or more of the following applies: A: The taxes show as "Paid" on the tax collectors rolls as reported to the title company. B: The owner/seller of the property can provide escrow with sufficient proof that the taxes have been paid. Proof of the payment must be by photocopy (front and back) of the paid check to the tax collector. If paid by the lender, a written statement by lender that the taxes have been paid will suffice. Note No. 2: The charge for a policy of title insurance, when issued through this title order, will be based on the refinance rate. Privacy Notice (15 U.S.C. 6801 and 16 CFR Part 313) We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 8 ORDER NO. 33311985 NOTF California Insurance Code §12413.1 regulates the disbursement of escrow and sub escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the Company via wire transfer may be disbursed upon receipt. Funds deposited with the Company via cashiers or teller's checks drawn on a California-based bank may be disbursed the next business day after the day of deposit. If funds are deposited with the Company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the Company will be deposited with other escrow funds 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 such financial Institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to 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 with 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 ARE: Union Bank of California Title Industry Group #910 350 California St. San Francisco, CA 94104 CREDIT: SOUTHLAND TITLE ACCOUNT NO.: 9100449304 ROUTING NO.: 122000496 FOR THE ACCOUNT OF: SOUTHLAND TITLE - LOAN PAYOFF DEPT. OUR ORDER NUMBER OR ESCROW NUMBER MUST ALWAYS BE REFERENCED. FAILURE TO DO SO MAY CAUSE DELAYS IN THE CLOSING OF A TRANSACTION AND/OR MISPLACED OR LOST FUNDS. SOUTHLAND TITLE DOES NOT ACCEPT LIABILITY FOR SUCH DELAYS IN CLOSING, MISPLACED AND/OR LOST FUNDS, OR DAMAGES (IE. INTEREST, PENALTIES) SUFFERED BY REASON OF ONE'S FAILURE TO COMPLY WITH THE IDENTIFICATION/CREDIT PROCEDURE SET FORTH ABOVE. ALL UNIDENTIFIED/UNCLAIMED WIRES WILL BE RETURNED AFTER FORTY-EIGHT (48) HOURS. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE DEPOSIT OR DISBURSEMENT OF FUNDS, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. Southland Title 9665 Granite Ridge Dr. #300 San Diego, CA 92123 PHONE: (858) 503-2000 ORDER NO.: 33311985 First Federal Mortgage 7590 Fay Avenue, Suite #401 La Jolla, CA 92037 ATTENTION: Katie Baker REF: Byrne Dated as of April 29, 2003 at 8:00 A.M. LENDER'S SUPPLEMENTAL REPORT The above numbered report (including any supplement 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 form policy as follows: 1. None of the items shown in this report will cause the company to decline to attach CLTA Endorsement Form 100 to an ALTA loan policy, when issued. There is located on said land A single family residence Known as: 1186 Larkspur Lane Carisbad, California The only conveyances affecting said land, which recorded within 24 months of the date of this report, are as follows: Grantor: Grantee: Recorded: Grantor: Grantee: Recorded: Richard Byrne Richard Byrne, Trustee of the Richard Byrne Revocable Trust dated August 23, 2001 October 11, 2001 as Instrument No. 2001-0734334 Official Records Richard Byrne, Trustee of the Richard Byrne Revocable Trust dated August 23, 2001 Richard Byrne, an unmarried man August 26, 2002 as Instrument No. 2002-0723470 of Official Records ORDER NO. 33311985 Grantor: Grantee: Recorded: Richard Byrne, an unmarried man Richard Byrne, Trustee of the Richard Byrne Revocable Trust dated August 23, 2001 September 11, 2002 as Instrument No. 2002-0776766 of Official Records Grantor: Grantee: Recorded: Richard Byrne, Trustee of the Richard Byrne Revocable Trust dated August 23, 2001 Richard Byrne, an unmarried man January 14, 2003 as Instrument No. 2003-0048490 of Official Records Grantor: Grantee: Recorded: Richard Byrne, an unmarried man Richard Byrne, Trustee of the Richard Byrne Revocable Trust dated August 23, 2001 January 15, 2003 as Instrument No. 2003-0051862 of Official Records Grantor: Grantee: Recorded: Richard Byrne, Trustee of the Richard Byrne Revocable Trust dated August 23, 2001 Richard Byrne, an unmarried man April 14, 2003 as Instrument No. 2003-0423708 of Official Records Grantor: Grantee: Recorded: Richard Byrne, an unmarried man Richard Byrne, Tmstee of the Richard Byrne Revocable Trust dated August 23, 2001 April 21, 2003 as Instrument No. 2003-0458918 of Official Records ORDER NO. 33311985 • SOUTHLAND TITLE PRIVACY POLICY NOTICE Dear Southland Title Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to this letter is the privacy policy of the Southland Title family of companies. The members of the family - Southland Title Corporation, Southland Title of Orange County, Southland Title of San Diego, and Southland Title Equities, Inc. may issue policies, handle real estate closings and serve as exchange accommodator in virtually every part of Southern California. You may review a list of Southland Title Companies on our website (wM/w sniithlandtitle com). You may visit our website for an explanation of our privacy practices relating to electronic communications. Our concern with the protection of your information has been a part of our business since 1985, when the company opened. We will continue to protect the privacy, accuracy and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: Southland Title Privacy 7530 N. Glenoaks Boulevard Burbank, California 91504 ORDER NO. 33311985 SOUTHLAND TITLE SOUTHLAND TITLE PRIVACY POLICY What kinds of information we coliect. Most of Southland Title's business is title, escrow and exchange services, but there are companies in our family that provide other real estates services to consumers. We collect information about you (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying, financing or exchanging. We may obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, esaow or settlement services, exchange sen/ices, mortgage lending, or mortgage loan servicing, we may get your social security number and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write us. Hoiv we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There is no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, to issue title insurance, investigate or process a claim under the policy of title insurance, and to provide information to government and law enforcement agencies. Companies within a family may share certain information along themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction of for some purpose permitted by law. Wow we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. ORDER NO. 33311985 X n > m z r-fi » t" s z o r-? w «5l^-o -al w w —a — SB iv> tod z o •if33j!713CTi wmt a I ll 1 WU\ li Bl II1 i 1 HI HH HH ml HB HH HH HH HH HH HH Hi HI HH gum HH HB mi HH •H HH HH ml HH HH HB IHI •• HH j^H HH ^H HH HH HH HB mn •1 ^H HB HI 8 STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECFIPT DFG 753.5a (6-01) Lead Agency: Date: County / State Agency of Filing Project Title: Project Applicant Name: ^(^K TM^^P timi.Jinf\a Document No.: OV-^- fert^^TU S<^^'K< Q^j^rn^t' ^^^1 231346 Phone N Project Applicant Address Project Applicant (check appropriate box): Local Public"^Agency \\A~) School District Other Special District ^ State Agency ^ Private Entity Q CHECK APPLICABLE FEES: ) Environmental Impact Report $850.00 $ ) Negative Declaration $1,250.00 $ _f ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ) Projects Subject to Certified Regulatory Programs $850.00 $ ; ) County Administrative Fee $25.00 $ (L^])Project that Is exempt from fees Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB i A TOTAL RECEIVED $ X3Z9 PINK-LEAD AGENCY GOLDENROD-STATE AGENCY OF FILING 5^ NOTiCE OF EXEMPTION X To: County Clerk |F D EL [B°™iE) CITY OF CARLSBAD County of San Diego Gregoiy J. Smith, Recorder/County Clerk Planning Department Mailstop A4 1635 Faraday Avenue PO Box 121750 NOV 0 5 Z003 Carlsbad CA 92008 SanDiego CA 92112-1750gy (760) 602-4600 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Title: CDP 03-28 - BYRNE SECOND DWELLING UNIT Project Location - Specific; 1186 Larkspur Lane Project Location - City: Carlsbad Project Location - Countv: San Diego Description of Project; Second dwelling unit Name of Public Agency Approving Project; City of Carlsbad Name of Person or Agency Carrying Out Project: City of Carlsbad Name of Applicant: City of Carlsbad Applicant's Address; 1635 Faraday Avenue. Carlsbad. CA 92008 Applicant's Telephone Number: (760)602-4624 Exempt Status: (Check One) Ministerial (Section 21080(b)(1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: 15303(a) Statutory Exemptions - State code number: Reasons why project is exempt: Construction of a second dwelling unit Lead Agency Contact Person: Chris Sexton Telephone: (760) 602-4624 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? MICHAEL J. HOLZMILLER; -Planning DiretitEO IN THE OFFICE OF THE C()UNTY CLERK Date San Diego County on, NOV 0 5 2003 Signed by Lead Agency posted .JOILLMRemoved DEC p 9 2003 I I Signed by Applicant Returned to agency on Revised De'cember 2001 THNSfiGINAL OF THIS DOCUMENT m RECORDED OH DEC 18, 2003 DOCUHENT HUHBER 2003-1486925 GREGORV J. 8HITH, COUNTV RECORDER SAH DIEGO COUNTV RECORDER'S OFFICE TIME: 8:48 AH RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carisbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 205-430-08 CDP 03-28 - Byrne Second Dwelling Unit NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Lot 8 of Woodland Heights, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4438, filed in the Office of the County Recorder of San Diego County, January 8, 1960 is restricted by a Coastal Development Permit No. 03-28 issued by the City of Cadsbad on November 3, 2003. A copy is on file at the City of Carlsbad Plannino Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 OWNER: •^iaiMA'2y^ir-r Owner's Name Signature ^ CITY OF CARLSBAD MICHAEL J. H&t^MILL^ Planning Director Date Print name and title ATTEST: Signature Print name and title APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Date Deadty City Attorney (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instmment). Rev. 06/04/96 STATE OF CALIFORNIA COUNTY OF SAN DIEGO before me, Notary Public, personally appeared ^^^d- l/vdJr ^L^V^H I I personally known to me - or isj^fproved to me on the basis of satisfactory evidence to be the personfH whose name^s|. \s]^tfe subscribed to the within instrument and acknowledged to me that he/§Wthey. executed the same in his/lTfe<:/^h^ir authorized capacity(ite^), and that by his/hW/^heir signaturef!»)>^on the instrument the person(^Vor the entity upon behalf of which the personl^ acted, executed the instrument. f " l~~9fT!CIAL SEAL \ WITNESS my hand gnd official seal. OFFICIAL SEAL CHRISTI WAYMIRE ^ NOTARY PUBLIC-CALIFORNIA S COMM. NO. 1328827 5 ^^^SAN DIEGO COUNTY . MYCOMM. EXP. DEC.4,2005j (Signature of Notary) Rev. 06/04/96 City of Carlsbad Planning Department Document Recordation Transmittal ROUTED TO INITIALS DATE SENT DATE RECEIVED // /O AO M Planning Department < I'l -05 • City Attomey's —y 1 1 Retum Planning Dept. < • City Clerk OM: Michele Masterson/Sexton ^\|ri I REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO. CDP 03-28 PROJECT NAME: Byrne Second Dwelling Unit INSTRUCTIONS: City Attomey: Please obtain City Attomey signature on the attached agreement(s). City Clerk: Please process for recordation. Recording fees are to be charged to the City in accordance with the standard letter agreement with the Recorder's Office. Please retum a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: ATTACHMENTS: 13 NOTICE OF RESTRICTION ON REAL PROPERTY • OTHER: File ^ FILE COPY City of Carlsbad Planning Department ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR A SECOND DWELLING UNIT NOTICE OF PENDING DECISION DATE: OCTOBER 9,2003 APPLICATION NUMBER: CDP 03-28 - BYRNE SECOND DWELLING UNIT PROJECT DESCRIPTION: Request to constmct a second dwelling unit at 1186 Larkspur Lane. LOCATION: This project is within the City of Carlsbad's Coastal Zone at 1186 Larkspur Lane. ASSESSOR'S PARCEL NUMBER: 205-430-08 The proposed development is located in the City ofCarlsbad's Coastal Zone. No formal public hearing is required for this application however, written comments on this application may be submitted to the City. Written comments to this proposed development should be addressed to the Plaiming Director, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. The Planning Director will make a decision on this application 15 working days after the date of this notice. If you have any questions regarding this application, please contact Chris Sexton, at the City of Carisbad, (760) 602-4624, Monday - Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cLcarlsbad.ca.us City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM DATE: July 28, 2003 TO: Chris Sexton - Planning FROM: Taniya Barrows - Engineering SUBJECT: CDP 03-28 Byrne Second Dwelling Unit - Complete with Conditions The Engineering Department has completed its review of the above referenced project. The required items have been submitted therefore the project is complete. Engineering staff does not have any comments to add to the project. Please add the following conditions of approval to the approving resolution: ENGINEERING CONDITIONS General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Fees/Asreements 3. If the building permit valuation exceeds $75,000, developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Larkspur Lane along the subdivision frontage for a half street width of 25 feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and assessment engineering costs. 5. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. If the applicant has any questions regarding these comments they can contact me directly at ext 2773. Taniya Gregory Ryan - CDP 03-28 ^ ^ Page l From: Gregory Ryan To: Sexton, Chris Subject: CDP 03-28 071103 FIRE - no comment or concern regarding this project at time of submittal. -^yy[ci7^/ ^7-^o^ City of Carlsbad Planning Departnnent MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION November 3, 2003 Richard Byrne 1186 Larkspur Lane Carlsbad, CA 92008 SUBJECT: CDP 03-28 - BYRNE SECOND DWELLING UNIT The City has completed a review of the application for a Minor Coastal Development Permit for development located at 1186 Larkspur Lane. It is the Planning Director's determination that the project CDP No. 03-28 - Byrne Second Dwelling Unit, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that no coastal resources or opportunities for coastal access are available from the subject site. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies In that the site is designated for residential uses. 5. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required ofthe project. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ ^ CDP 03-28 - BYRNE SECOND DWELLING UNIT November 3, 2003 Paqe 2 6. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The subject site is located in the Coastal Resource Protection Overlay Zone, however, the proposed development (637 square feet of living area) is not encroaching into slopes of twenty-five percent inclination and/or vegetation and therefore additional submittals, standards or requirements do not apply. The project does not require a grading permit. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 03-28, for the project entitled "Byrne Second Dwelling Unit" (Exhibits A-E), dated November 3, 2003, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this CDP 03-28. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as CDP 03-28 - BYRNE SECOND DWELLING UNIT November 3, 2003 Paqe 3 shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 7. This approval shall become null and void if building permits are not Issued for this project within 18 months from the date of project approval. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 9. Approval is granted for CDP 03-28 as shown on Exhibits A-E, dated November 3, 2003, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 10. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and CDP 03-28 - BYRNE sfeoND DWELLING UNIT November 3, 2003 Paqe 4 successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as othenA/ise specifically provided herein. 12. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 13. Prior to issuance of any building permit. Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Fees/Agreements 14. If the building permit valuation exceeds $75,000, developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Larkspur Lane along the subdivision frontage for a half street width of 25 feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and assessment engineering costs. 15. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal CDP 03-28 - BYRNE SECOND DWELLING UNIT November 3, 2003 Paqe 5 Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MJH:CS:mh Chris DeCerbo Taniya Barrows File Copy Data Entry Planning Aide Coastal Commission City of Carlsbad Plann Department November 3, 2003 Richard Byrne 1186 Larkspur Lane Carlsbad CA 92008 SUBJECT: CDP 03-28 - BYRNE SECOND DWELLING UNIT Please find enclosed a notice of restriction that needs to be signed and notarized. This is to fulfill a condition of approval of the Coastal Development Pernnit. Please be sure to pay particular attention to the signature instructions at the bottom of the signature page. If you have any questions regarding the above, please give me a call at (760) 602-4624. Sincerely, CHRIS SEXTON Planning Technician 1 Enc CS:mh 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® c RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 205-430-08 CDP 03-28 - Byrne Second Dwelling Unit NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Lot 8 of Woodland Heights, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4438, filed in the Office of the County Recorder of San Diego County, January 78, 1960 is restricted by a Coastal Development Permit No. 03-28 issued by the City of Carlsbad on November 3, 2003. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 OWNER: CITY OF CARLSBAD Owner's Name MICHAEL J. HOLZMILLER Planning Director Signature Date Print name and title ATTEST: Signature Print name and title LORRAINE M. WOOD, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney Date By: Deputy City Attorney (Proper notarial acl<nowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Rev. 06/04/96 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me. Notary Public, personally appeared I I personally known to me - or Q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) Rev. 06/04/96 ROBERT M. AND EVELYN M. JIRGAL 3840 ADAIR WAY CARLSBAD, CA 92008-3411 OCTOBER 17, 2003 %9sp^^y7 CITY OF CARLSBAD PLANNING DEPARTMENT Chris Sexton 163 5 Faraday Avenue Carlsbad, Ca 92008-7314 RE: APPLICATION NUMBER Dear Chris: CDP 03-28-BYRNE SECOND DWELLING UNIT Regardinc our ccnversaticn on October 16, 2003 and referencing the above application the following are our thoughts cn the abcve mentioned subject. VJe are totally opposed tc this addition cf a rental unit. We purchased cur home in an R 1 area. Mc mention was ever made about adding rental units. This home is extremely close tc curs. We are already congested with crowded together hemes and crushing traffic at every turn. VJe don't approve cf "low-income units" six blocks up from the ocean. We worked long and hard fcr what we have and we believe ever body is obliged tc dc the same. This pronouncement has come tc us as a surprise so I hope I am not being inept in responding to this notice. We strongly disapprove. We have no problem with the concept cf "Granny Flats" as they conform to the one family concept but we think this other is beyond reason. PLEASE INFORM US OF THE OUTCOME OF THIS ACTION. SINCERELY, - ^ EVELYN M. JIRGAL / EMJ CC TO ANN KULCHIN CC TO MICHAEL HOLZMILLER City of Carlsbad Planning Department August 4, 2003 Richard Byrne 1186 Larkspur Lane Carisbad CA 92008 SUBJECT: CDP 03-28 - BYRNE SECOND DWELLING UNIT Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Coastal Development Permit, application no. 03-28, as to its completeness for processing. The items requested from you earlier to make your Coastal Development Permit, application no. 03-28 complete have been received and reviewed by the Plarming Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. At this time, the City asks that you provide 4 complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:CS:bd c: Chris DeCerboTeam Leader Taniya Barrows, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ No. CDP 03-28 Planning: None Engineering: None LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION ISSUES OF CONCERN Planning: 1. Please draw the site plan to scale. 2. Please show the deck dimensions on the plans. 3. Please clarify what the side yard setback is with the deck. Engineering: None