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CDP 04-07; McGuire Residence; Coastal Development Permit (CDP) (2)
CiTY OF CARLSBAD LAND USE REVIEW APPUCATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit - 2nd Dwelling Unit • Planned Industrial Permit Administrative Variance • Planning Commission Determination Coastal Development Permit CDP OLl'oq • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tentotive Porecl Mop Obtain from Engineering Department • Local Coastal Plan Amendment • Tentative Tract Map • Master Plan • Variance. • Non-Residential Planned Development • Zone Change • Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO(S).: 3) 4) PROJECT NAME: HrX-^nWA g^i/jkio/v^ ] BRIEF DESCRIPTION OF PROJECT: (^i^^Lfc <^ltr/ X^JlAM^ , CML C^HM^'f^ 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS Q^SjouO. tt)A«?M/A04Tbi^ 4^ni&^o37 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT I AM THI LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ^ 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORREef XO'THE BEST OF MY KNOWLEDGE. SIGNATURE DATE S\GMmE \ ^"^"^ DATE 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS 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. 8) LOCATION OF PROJECT: STREET ADDRESS ON THE SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (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 .+1 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 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 TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. lAWE CONSENT TO ENTR>f OR THIS PURPOSE ^6^VT Q_ FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED C\TY OF CARLSBAD DAT^T^|>^|^lfy^Oie»y RECEIVED RECEIVED BY, DATE FEE PAID Form 16 RECEIPT NO. PAGE 2 OF 2 • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS v • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Appthation cheMistfbr tton-Singk Famity Regular Coastal Development coveted underseparate handout 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: k 4;*^^*^ square feet x $78.00/sq. ft. = $ ^^[^,^<^ => Residential Addition Square Footage: —' square feet x $94.00/sq. ft. = $ " ' Any Garage Square Footage: k 7^^ square feet x $22.00/sq. ft. = $__1^^_^L5£_ Residential Conversion Square Footage: -—• square feet x $26.00/sq. ft. = $ ' For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.: • ' square feet x $ •—" /sq. ft. - $ ' ' COST OF DEVELOPMENT ESTIMATE: $ 0-4*^ B. Do you wish to appfy for: 1. A Minor Coastal Development Permit (Under $60,000) '—• 2. A Regular Coastal Development Permit ($60,000 or more) Form 15 10/03 Page 1 of 8 C. street address of proposed development Assessor's Parcel Number of proposed development ^24^ - c?^^ - CPI Development Description: Briefly describe project:_X ^ ^\>^eitJt fp^wM PtoeiX'l N^<j. F. Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: •^ts^feiUf^^FAOAiu:/ Hom^^ South: ^1 East: West: ^^PCJA G. Is project located within a 100-year flood plain? I IYOS 0 No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? 0Yes • No If yes. please describe. (\) ^»2>-/ ^\mu^ fyv»HIL>( ticyMg.. B. Will any existing structure be removed/demolished? ^ Yes I I No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III. LOT COVERAGE A. Existing and Proposed Existinq New Proposed Total Building Coverage sq. ft. ^/^'^'^ sq.ft ^/ sq. ft. Landscaped Area 7.yC<^0 sq. ft. 1,4^ sq. fL 14<^ sq.ft tl^'-ISS^^'^^ ^likk^sq.ft. 2.,UC? so. ft i\,\0 sq.ft. Unimproved Area (Left Natural) . lo^ooo sq.ft >^ sq. ft. lo.caso sq.ft (Len iNaturai) . Out. jwJ^iWf^ iSet^j r7,<ijffO Form 15 10/03 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 the following: 2^ • Yes#_ [7lYes#_ S Yes HNO • NO • NO 1. Amount of cut CU. vds. 2. Amount of fill cu. vds. 3. Maximum heiqht of fill slope 4-feet 4. Maximum heiqht of cut slope A feet 5. Amount of import or export CP cu. vds. 6. Location of borrow or disposal site Form 15 10/03 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 9" x 12". The site plan shall include the following information: 1. General ^^il "^Name and address of applicant, engineer and/or architect, etc. \7yi77> Location, size and use of all easements. ^:. 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). 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 jP) Proposed land use AT) Total building coverage •^5) Building square footage 'ie) Percent landscaping v^7) Number of parking spaces (8) Square footage of open/recreational space (if applicable) (9) Cubic footage of storage space (if applicable) i^jf^ \. 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 9" x 12" size. The building and floor plans shall include the following: H'^ 1. Location and size of storage areas (if applicable) 2. All buildings, structure, walls and/or fences, signs and exterior_light_s. • 3. Exjsting^.and proposed construction. Sttitruw^'^ Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines. Form 15 10/03 Page 4 of 8 -4 f J ->milf 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 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' 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. 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. 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 bv 12:00 noon, eiqht (8) davs prior to the Planning Commission meeting. Do not mount exhibits. VI. REQUIRED DOCUMENTS Vk. Land Use Review Application Form "^B. Completed Coastal Development Supplemental Application Form 7 c. Disclosure Statement Completed "Project Description/Explanation" Sheet Title Report (required for sites in Coastal Commission Appeal Area and for single family residential) Form 15 10/03 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 (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carisbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carisbad, CA 92008 ACCEPTABLE MRS JANE SMITH APTS 123 MAGNOLIA AVE 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. Vlll. 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 10/03 Page 6 of 8 V < . f- V 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. (4 /OAf^viiv lig^ct - 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. j^. 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 VJ ^ existing storm drains. e^i^^/Mg^jeip^^ I '7) '\\ ' ^ ^' Geologic report addressing landslides and slope stability subject to ^ Subsection 21.203.040(B)(4) of the Carisbad Municipal Code. Y^-^ ^ . ^ ^ ^- 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 14^ 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 i 3 <N Q 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 I \ perform "stringline" test subject to Subsection 21.204.050(B) of the Carisbad Municipal Code. 3. Unless othenwise 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 t 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 10/03 Page 7 of 8 ...rf" - . ll 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 10/03 Page 8 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 10/03 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 infonnation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, in diis and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the 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, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title C3 lA/ ^ e Title Address .<r<^3^ TVti^^^a V)^] 0^^Address. 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% ofthe 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, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person S'^:^<^^ A) '^&ijfr^ Corp/Part_ Title O CA/n Title Address C0 3S^ '^^f^tra f^f-j Of^o Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ® 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of Cit>' staff. Boards, Commissions, Committees and/or Coimcil 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 information is true and correct to the best of my knowledge. Signature of owner/date ' Signature of applicant/date 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 l_i.An\*«lM\^/^iiiiiTm»rMr*/^i r\ci xnf f^~r A -T-I-a mr-KtT c t. City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200i Applicant: DOMINY AND ASSOCIATES Description CDP04007 Amount 35 .15 Receipt Number: R0044035 Transaction Date: 07/28/2004 Pay Type Method Description Amount Payment Credit Crd VISA 35.15 Transaction Amount: 35.15 7583 07/28/04 0002 01 city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 Applicant: DOMINY AND ASSOCIATES Set Id: S000001420 Description AV040002 CDP04007 Amount 495.00 815.00 Total: 1,310.00 Receipt Number: RO040928 Transaction Date: 03/10/2004 Pay Type Method Description Amount Payment Check 1221 1,310.00 Transaction Amount: 1,310.00 7221 03/10/04 0002 01 02 Cf3F" 1310.00 PROJECT DESCRiPTiON/EXPLANATION PROJECT NAME: ^Uifc-WcfauiH^ ^^iQgiOci£. APPLICANT NAME: "PpiMiro-/ r Af^c\i>^Vi^ fiff^cA K-Vdo^ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: C^to^-n^R.-no/o h^evo CO ^^^^ "^^^^ ^^^^ Arn^wieo (Th) (k/^(^tf ?<2.vv^tft- f^\r^f^\^(^^^ • Project Description 10/96 Page 1 of 1 Feb 2G 04 02:37p Leo McGuire 760-929-8279 Form No. 1341.87 (6-87) ALTA Plain Language Policy Policy Page i POLICY OF TITLE INSURANCE A M li HJ ISSUED BY First American Title Insuraiice Company " ^RESIDENTIAL TITLE INSURANCEOne^ToFFour^Family ResidenceST ' ' V^"* 'OWNER'S COVERAGE STATEMENT Tt-(? policy insures yourtitle to the land described in Schedule A ---^ if :Mt tand; is?a^ lot or con- dominium uhtl Your insurance, as described in this Coverage Statement, is effective on ttie Policy Date shown in Schedule A. Your insurance is limited by tbe following: • Exclusions on page 2 • Exceptions in Schedule B • Conditions on pages 2 and 3 COVERED TITLE RISKS This Policy covers the following title risks, If they affect your title on the Policy Date. We insur? you against actual loss tesultmg irom. • any title risks covered by- this Policy — up to the Policy Amount and • any costs, attorneys' fees and expenses we have to pay under this Policy 1. Someone else owns an interest in your titia 2. A document is not properly signed, sealed, acknowledged, or delivered. 3. Forgery, fraud, duress, incompetency, incapacity or impersonatioa 4. Defective recording of any document 5. You do not have any legal right of access to and from the land. 6. Tfiere are restrictive covenants limiting your use of the land 7. There is a lien on your titie because of. • a mortgage or deed of trust • a judgment, tax, or special assessment • a charge by a homeowner's or condominium association later, for labor ^8if^7]iere.ar€ iieos.ofryour title,.arisirig now or.i and material furnished before the Policy Date — unless you agreed to pay for the tabor and material 9. Others have rights arising ait of leases, contracts, or options. 10. Someone else has an easement on your land. 11. Your title is unmarketable, which allows another person to refuse to perform a contract to purchase, to lease or to make a mortgage loan. 12. You are forced to remove your existing structure — other than a boundary wall or fence — because: • it extends on to adjoining land or on to any easement • it violates a restriction shown in Schedule B • it violates an existing zoning law 13. You cannot use the land because use as a single-family resjdence_viQlates a restriction shown in Schedule 8 or an iivZ j.existmg'zo'nmg law. . ---.-i:-'' 4r ^Xiiii detects^lrens, M encumbrances. COMPANrS DUTY 70 DEFEND Aoli^SI^COURf'^CASES V JVe.will defend.pM title.m case as to that part of the case that is based on a Covered Title Risk insured against by this Policy We will pay the costs, attomeys' fees, and expenses we incur m that defensa We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions. This Policy is not complete without Schedules A and B. First American Title Insurance Company 337541 3Y PRESIDENT Feb 26 04 02:39p Leo McGuire 760-929-8279 p . 3 FORM NO. 1341 ALTA PLAIN LJU^JGUAGE POLICY ORDER NO. 1100675-1 SC SCHEDULE A POLICYNO.: 1100675-1 POLICY AMOUNT $1,078,000.00 PREMIUM $2,774.10 OLICY DATE: AUGUST 31, 1994 AT 8:00 A.M. 1. NAME OF INSURED; LEO L. MC GUIRE JR. AND SUSAN R. MC GUIRE, HUSBAND AND WIFE AS COMMUNITY PROPERTY YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS FEE THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "1" ATTACHED HERETO PAGE 1 Feb 26 04 02:40p Leo McGuire 760-929-8279 P-4 FORM NO. 1341 ORDER NO. 1100675-1 ALTA PLAIN LANGUAGE POLICY SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-95, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3 - 5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED FEBRUARY 4, 1954 IN BOOK 5132, PAGE 44 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 4 . THE RIGHT AND PRIVILEGE TO PLACE AND MAINTAIN AN ANCHOR TO SUPPORT A LINE OF POLES AND WIRES AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JUNE 14, 1955 IN BOOK 5679, PAGE 367 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 25.0 FEET OF THE NORTHWESTERLY 4.0 FEET OF LOT 9. AN AGREEMENT REGARDING IMPOSING RESTRICTIONS ON REAL PROPERTY, DATED JANUARY 18, 1979, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. • EXECUTED BY AND BETWEEN: MARGARET J. BARLOW AND THE SAN DIEGO COAST REGIONAL COMMISSION. RECORDED: JA^TUARY 31, 1979 AS FILE NO. 79-049670 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. X PAGE 2 Feb 26 04 a2:40p Leo McGuire 760-929-8279 p.5 FORM NO. 1341 ORDER NO. 1100675-1 ALTA PLAIN LANGUAGE POLICY ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $750,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 31, 1994 AS FILE NO. 1994-0521559 OF OFFICIAL RECORDS. DATED: AUGUST 25, 1994 TRUSTOR: LEO L. MCGUIRE, JR., SUSAN R. MCGUIRE TRUSTEE: MASTER MORTGAGE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: FIRST NATIONWIDE BANK, A FEDERAL SAVINGS BANK, WHICH IS ORGANIZED AND EXISTING UNDER THE LAV3S OF THE UNITED STATES OF AMERICA A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $100,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 31, 1994 AS FILE NO. 1994-0521560 OF OFFICIAL RECORDS. DATED: AUGUST 26, 1994 TRUSTOR: LEO L. MC GUIRE JR. AND SUSAN R. MC GUIRE, HUSBAND AND WIFE TRUSTEE: VPL ENTERPRISES, INC. , A CALIFORNIA CORPORATION BENEFICIARY: WESTON E. MONTGOMERY, TRUSTEE OF THE MARGARET J. BARLOW TRUST UDT MARCH 29, 1991 PAGE 3 7 ^r- V Feb 26 04 Q2:4ap Leo McGuir* 760-929-8279 p . 6 FORM NO. 1341 ALTA PLAIN LANGUAGE POLICY ORDER NO. 1100675-1 EXHIBIT "1" LOT 9 OF COUNTY OF SAN DIEGO TIERRA DEL ORO, IN THE CITY OF . CARLSBAD, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3052, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 1954. EXCEPTING THEREFROM THAT PORTION NOW OR HERETOFORE LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. PAGE 4 J r TIERRA DEL ORo MAP NO. 305Z fl'O I V:4 Merfii*'^fl* % CARLSBAO BOULEVARe I I § l"* "SlleT2 OF 2 SI€E7T vl. r (^trmtrlj) UJ. fltij^ ffif , Sfjff Hr^fi, ^1 ff^/f ^/•S^-.^'^J \ h"' - • • - ' itmntfii^t cntn*t't>Hiti*ftt . tl nrnnrnf Untf Ht.t M^^%>*^t, \ i V V t* fAAnyf/l* mtti .f' \ *ti>^letlli Jbyit*W»«>tfirmtm A *l/,flt,lt,itl«t'IVpnltt'l ^•JlSf n> cr ro o: Q Q ro fD 0 3 0 c T m Q I CO ro 05 I 00 ro CD (i M r. It, This Is not a survey of the land but Is compiled for Informalion by tha First American Title Insurance *=^^sflr!v^S^ Company from data shown by the official records. TJ -0 Order Number: DIV-1508586 (09) Page Nunnber: 1 \Jf7^ First American Title Company 3ohn Beran Ranch and Sea Realty 2963 Carlsbad Boulevard Carlsbad, CA 92008-2904 Phone: Fax: Customer Reference: 411 Ivy Street San Diego, CA 92101 Order Number: DIV-1508586 (09) Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Bonnie Stark (858) 613-2888 (858) 613-2887 bstark@firstam.com Mc Guire 5035 Tlen-a Del Oro Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which nnay be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception tielow or not exduded from coverage pursuant to the printed Sdiedules, CiDnditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Polldes 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. First American Title RECEIVED JUN 2 5 2004 CITY OF CARLSBAD PLANNING DEPT Order Number: DIV-1508586 (09) Page Number: 2 Dated as of June 08, 2004 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: EAGLE Protection Owner's Policy (6/98) (CLTA/ALTA Homeowner's Policy of Title Insurance) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence, or ALTA Residential Title Insurance Policy (6-1-87) if the land described is an unimproved residential lot or condominium unit; ALTA Loan Policy (10-17-92) with ALTA Endorsement - Form 1 Coverage with EAGLE Protection Added A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Leo L. Mc Guire Jr. and Susan R. Mc Guire, husband and wife as community property The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2004-2005, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Covenants, conditions, restrictions and easements in the document recorded February 4, 1954 as Book 5132, Page 44 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. First American Title Order Number: DIV-1508586 (09) Page Number: 3 4. An easement for right and privilege to place and maintain an anchor to support a line of pole and wires together with the right of ingress and egress and incidental purposes, recorded June 14, 1955 as Book 5679, Page 367 of Official Records. In Favor of: San Diego Gas and Electric Company Affects: The land 5. The terms and provisions contained in the document entitied "Agreement Regarding Imposing Restrictions on Real Property" recorded January 31,1979 as Insti-ument No. 49670 of Official Records. 6. A deed of trust to secure an original indebtedness of $750,000.00 recorded August 31, 1994 as InsbTjment No. 94-521559 of Official Records. Dated: August 25, 1994 Trustor: Leo L. McGuire Jr., Susan R. McGuire Trustee: Master Mortgage Company, a Califomia Corporation Beneficiary: First Nationwide Bank, a Federal Savings Bank According to the public records, the beneficial interest under the deed of trust has been assigned to California Federal Bank by various assignments. 7. A deed of trust to secure an original indebtedness of $100,000.00 recorded August 31, 1994 as Instrument No. 94-521560 of Official Records. Dated: August 26, 1994 Trustor: Leo L. Mc Guire Jr. and Susan R. Mc Guire, husband and wife Trustee: VPL Enterprises, Inc., a Califomia Corporation Beneficiary: Weston E. Montgomery, Trustee of the Margaret J. Bariow Trust UDT March 29, 1991 Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of titie insurance: . Original note and deed of trust. i. Payoff demand statement signed by all present beneficiaries. ii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presentiy held by trustees under a trust agreement, we will require a certification pursuant to Section 18500.5 ofthe California Probate Code in a form satisfactory to the Company First American Title Order Number: DIV-1508586 (09) Page Number: 4 INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the titie insurance policy, if any, to which this map is attached. 1. General and special taxes and assessments for the fiscal year 2003-2004. First Installment: $6,441.44, PAID Penalty: $644.14 Second Installment: $6,441.44, PAID Penalty: $654.14 Tax Rate Area: 09000 A. P. No.: 210-020-09-00 2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement fonns 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 5035 Tlerra Del Oro, Carlsbad, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 4. Basic rate applies. First American Title Order Number: DIV-1508586 (09) Page Number: 5 WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub-Escrow Deposits San Diego County, California First American Trust Company Santa Ana Branch 421 North Main Street Santa Ana, California 92701 ABA 122241255 Credit to First American Title Company Account No. 13101 Reference Title Order Number DIV-1508586, and Title Officer Bonnie Stark Please wire the day before recording. Hrst American Title \g0l Order Number: DIV-1508586 (09) Page Number: 6 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 9 OF COUNTY OF SAN DIEGO TIERRA DEL ORO, IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3052, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 1954. EXCEPTING THEREFROM THAT PORTION NOW OR HERETOFORE LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIRC OCEAN. APN: 210-020-09-00 First American Title CARSBAD j,5.riWy. >0' '''' o First American Plotted Easements Reference Number: 1508586 POR. TIERRA DEL ORO, TRAOT NO. 3052 210^02 N 06/14/l955#5679-367 TAX ID#210-020-09-00 ap not to soole First American Title insurance Company This map is not a sun/ey of the land depicted hereon. You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. First American Title Insurance Company expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. Order Number: DIV-1508586 (09) Page Number: 7 /vorrcE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any titie insurance company, underwritten titie company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title o Order Number: DIV-1508586 (09) Page Number: 8 EXHIBITA UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company vi\\\ not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any fects, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, enaoachments, or any other fects which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser fbr value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the publk: records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant t>ecame an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or aeated subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out ofthe transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the inter^ of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Order Number: DIV-1508586 (09) Page Number: 9 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason ofthe matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any feds, rights, interests, or claims which are not shown by the public records but which could tm ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, enaoachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOQATION LOAN POUCY - 1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment ofthe land, or regulating the character, dimenskins or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or aeated subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Polky is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part: One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the publk: records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, enaoachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Order Number: DIV-1508586 (09) Page Number: 10 6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these \avts, onjinances or govemmental regulations, except to the extent that a notice of the enforoement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any govemmental police power not exduded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defert, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which woukl be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant and not disclosed in writing to the Company by the insured claimant prtor to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained ifthe insured daimant had paid value for the insured mort:gage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the daim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contraded for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out ofthe transaction aeating the interest ofthe mortgagee insured by this policy, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction aeating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (ill) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien aeditor. 7. AMERICAN LAND TITLE ASSOaATION LOAN POUCY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Polky the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the polky. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, enaoachments, or any other facts which a corred survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOOATION OWNER'S POUCY - 1992 First American Title Order Number: DIV-1508586 (09) Page Number: 11 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrirting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the charader, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effed of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defert, lien or encumbrance resulting from a violation or alleged violation afferting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which woukl be binding on the rights of a purchaser fbr value without knowledge. 3. Defects, liens, encumbrances, adverse daims, or other matters: (a) created, suffered, assumed or agreed to by the insured daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant and not disclosed in writing to Bie Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal banknjptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transartion aeating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction aeating the estate or interest insured by this polky being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien aeditor. 9. AMERICAN LAND TITLE ASSOQATION OWNER'S POUCY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Polky the exdusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Disaepancies, conflicts in boundary lines, shortage in area, enaoachments, or any other fects which a corrert survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Ads authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOQATION RESIDENTIAL TITLE INSURANCE POUCY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attomeys' fees and expenses resulting from: 1. Govemmental police power, and the existence or violation of any law or government regulation. This indudes building and zoning ordinances and also laws and regulations conceming: * land use * (and division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not (imit the zoning coverage described in items 12 and 13 of Covered Trtle Risks. First American Title Order Number: DIV-1508586 (09) Page Number: 12 2. TTie right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the l^licy Date and is binding on you if you tx)ught the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affert your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exdusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or govemment regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exdusion does not apply to violations or the enforcement of these matters if notice ofthe violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. 2. The feilure of Your existing strurtures, or any part of them, to be construded in accordance with applicable building codes. This Exdusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policf Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing ofthe taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Polky Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage desaibed in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmentel regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrirting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the chararter, dimensions or location of any improvement now or hereafter ererted on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effert of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defert, lien or encumbrance resulting from a violation or alleged violation afferting the Land has been recorded in the Public Records at Date of Policy. This exdusion First American Title Order Number: DIV-1508586 (09) Page Number: 13 does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defert, lien or encumbrance resulting from a violation or alleged violation afferting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13,14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser fbr value without Knowledge. 3. Defects, liens, encumbrances, adverse daims or other matters: (a) created, suffered, assumed or agreed to by the Insured Qalmant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disdosed in writing to the Company by the Insured Claimant prior to the date the Insured Qalmant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8,16,18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Daimant had paid value fbr the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage t)ecause of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indetrtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protertion or truth in lending law. 6. Real property taxes or assessments of any govemmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms ofthe Insured Mortgage which changes the rate of interest charged, ifthe rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The feilure ofthe residential strurture, or any |X)rtion thereof to have been construrted before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attomeys" fees or expenses) which arise by reason of: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Uen Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOQATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (10/13/01) WTfH REGIONAL EXCEPTIONS When the American Land Title Assodation toan policy with EAGLE Protertion Added is used as a Stendard Coverage Policy and not as an Extended Coverage Policy the exduskins set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This polky does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies texes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascerteined by an inspedion of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Disaepancies, conflicts in boundary lines, shortage in area, enaoachments, or any other facts which a corred survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patente or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records. Part Two: First American Title Order Number: DIV-1508586 (09) Page Number: 14 The following existing statutes, reference to which are made part ofthe ALTA 8.1 Environmental Protedion Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. First American Title PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company. The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy govems our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Rrst American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiaiity and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMiv.iSSION SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 www.coastal.ca.gov NOTIFICATION OF APPEAL PERIOD DATE: September 23, 2004 TO: Micheal Holzmiller, Planning Director City of Carlsbad, Planning Department 1635 Faraday Avenue Carisbad, CA 92008-7314 FROM: Bill Ponder, Coastal Program Analyst RE: Application No. 6-CII-04-485 Please be advised that on September 21, 2004 our office received notice of local action on the coastal development permit described below: Local Permit #: 04-07 Applicant(s): Dominy & Associates Architects Description: Construction of a 4,030 sq.ft single-family residence on an oceanfronting lot. Location: 5035 Tlerra Del Oro, Carlsbad (San Diego County) Unless an appeal is filed with the Coastal Commission, the action will become final at the end of the Commission appeal period. The appeal period will end at 5:00 PM on October 5, 2004. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. cc: Dominy & Associates Architects CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA " " RESOURCES AGENCY DEPARTMENT OF FISf' It' 248810 CAV. Paris bad 0.. ^\\6\o^ ENVIRONMENTAL Fl'' H RECEIPT DFG 753.5a (8-03) Lead Agency: (CountyJ State Agency of Filing: . Document No.: Project Title: Project Applicant Name: _ OGYYAAAY e hi>^Cia\€:b . fVrcbrVeci^hon^Wn^e^Gy^^^'^B^"^ Project Applicant Address: Project Applicant (check appropriate box): Local Public Agency School District Oth^er Social District |^ StateAgency Private Entity CHECK APPLICABLE FEES: ) Environmental Impact Report $850.00 $ ) Negative Declaration $1,250.00 $ ) Application Fee Water Diversion (Sfafe l/Vafer Resources Confro/Board Of7/y) $850.00 $ ) Projects Subject to Certified Regulatory Programs $850.00 $ ) County Administrative Fee $25.00 $ Project that is exempt from fees ./) TOTAL RECEIVED $ ••ature and title of person receiving payment: FASB ^ PINK-LEAD AGENCr QG( •VHITE-PROJECT APPLICANT YELLOW-DFG/FASB ^ PINK-LEAD AGENCY CJGOLDENROD-STATE AGENCY OF FILING STATE OF CALIFORNIA THE RESOURCES AGENC" ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COM:...SSION SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 www.coastal.ca.gov NOTIFICATION OF DEFICIENT NOTICE DATE: September 10, 2004 TO: Micheal Holzmiller, Planning Director City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 FROM: Bill Ponder, Coastal Program Analyst RE: Local Permit No. 04-07 (Commission File No. 6-CII-04-485) Please be advised of the following deficiency(ie3) in the notice of local action we have received for Local Permit No. 04-07 pursuant to 14 Cal. Admin. Code Section 13571 or 13332. Applicant(s): Dominy & Associates Architects Description: A single-family residence. Location: 5035 Tlerra Del Oro, Carlsbad (San Diego County) Plecise S2fMcj plcfH£ Qfk^ ^hPf^ Deficiency noted bv check mark below: l/^porj^^ 1. Project description not included or not clear. 2. Conditions for approval and written findings not included. 3. Procedures for appeal of the decision to the Coastal Commission not included. 4. Notice not given to those who requested it. 5. Notice does not indicate if local government action is appealable to Coastal Commission. As a result of the deficiencv(ies) noted above: Post-Certification LCP Permits: The effective date of the local government action has been suspended, and the 10 working day Commission appeal period will not commence until a sufficient notice of action is received in this office. (14 Cal. Admin. Code Sections 13570, 13572.) Post-Certification LUP Permits: The effective date of the local government action has been suspended, and the 20 working day Commission appeal period will not commence until a sufficient notice of action is received in this office. (14 Cal. Admin. Code Sections 13570, 13572.) If you have any questions, please contact Bill Ponder at the San Diego Coast District office. CALIFORNIA COASTAL COMMISSION TO 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 PLANNING DEPARTIUIENT 75 7J [L[lW[lini ©[^ TO^M^[M]DW/S.[L ATTENTION WE ARE SENDING YOU • Attached • Under separate cover via • Shop drawings • Prints • Plans • Samples • Copy of letter • Change order • .the following items: Dated- • Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: • For Checking • Approved as submitted • For approval • For your use As requested • For review and comment • For your action • Approved as noted • Returned for corrections • Resubmit. . copies for approval • Design only, not for construction • Return corrected prints • REMARKS COPY TO. SIGNED: 64^ Printed on recycled paper If enclosures are not as noted, kindly notify us at once. THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 04 2005 nOCT IMENT NUMBER 2005-0183322 GREGORY J SMITH, COUNTY RECORDER SAN Dit-GO COUNTf RECORDERS OFf-lCE TIME: 4:50 PM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1 200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 210-020-09 CDP 04-07 - McGuire Residence 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 9 of Tlerra del Oro, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 3052, filed in the Office of the County Recorder of San Diego County, February 4, 1954. is restricted by a Coastal Development Permit, No. CDP 04-07 issued by the City of Carlsbad on September 1, 2004. 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. This Deed Restriction also serves to disclose the waiver of public liability as required by Section 21.204.120 of the City's Zoning Ordinance. The subject property owners and, and all future owners in interest, unconditionally accept and agree to the following: Rev. 06/04/96 a) That the owners understand that the site may be subject to extraordinary hazard from waves during storms, from erosion, and from landslides, and the owners assume the liability from those hazards; b) The owners unconditionally waive any claim of liability on the part of the California Coastal Commission or the City of Carlsbad for any damage from such hazards; and c) The owners understand that construction in the face of these probable hazards may make them ineligible for public disaster funds or loans for repair, replacement, or rehabilitation of the property in the event of storms and/or landslides. Rev. 06/04/96 OWNER: Owner's Name </tV Signature Print name and title Signature Print name and title Date CITY OF CARLSBAD MICHAEL J. HOLZMILLER, Planning Director Date ATTEST: 6, City Clerk 0 APPROVED AS TO FORM: RONALD R. BALL, 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 instrument). Rev. 06/04/96 w STATE OF CALIFORNIA COUNTY OF SAN DIEGO On J^chnJki'^ 9\ Xm< before me, (j}(Wv\f\(^ f /H 11 Notary Public, personally appeared "SAA^rA ^.Mc^wtV^^ i^LLxjn L t^^^t/iV/- Pyf personally known to me - or Q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/(^re^ subscribed to the within instrument and acknowledged to me that he/she/^^e^ executed the same in his/her^fhe^ authorized capacity(ies), and that by his/her/^^^ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES hand and official seal. (Signature of Notary) CATHERINE E. fMIUBt Con«riMian# 1301514 Nokay Pubic •CaHomia SonOhoBCounlir f MVOanwaB«*BiiipmaBS 1 Rev. 06/04/96 Q City of Carlsbad Planning Department Document Recordation Transmittal ROUTED TO 3 Planning Department Q^City Attomey's I I Retum Planning Dept. H^City Clerk INITIALS DATE SENT 3-3-0 DATE RECEIVED 3?- 3 - FROM: Michele Masterson/Hysong REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO. CDP 04-07 PROJECT NAME: McGuire Residence 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: ^ NOTICE OF RESTRICTION • OTHER: c: File NOTICE OF EXr /IPTION To: Office ofPlanning and Research From: CITY OF CARLSBAD P.O. Box 3044 Planning Department Sacramento, CA 95812 1635 Faraday Avenue D L IS [©''•'^''^d CA 92008 County Clerk Gregory J. Smith, Recorder/County cii^O) 602-4600 County of San Diego Attn: Karen Hemandez, Room 260 F.^") ^^^^ 1600 Pacific Highway RY cA'f. SanDiego CA 92101 DEPUTV Subject: Filing of this Notice of Exemption is in compliance with Section 21 Resources Code (Califomia Environmental Quality Act). Project Title: CDP 04-07 - McGuire Residence Project Location - Specific: 5035 Tierra Del Oro Project Location - City: Carlsbad Project Location - Countv: San Diego Description of Project: Coastal Development Permit and Administrative Variance to allow the demolition of an existing single family residence and construction of a 4.000 square foot single-familv residence on a 0.41 acre lot. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Susan McGuire Name of Applicant: Dominy & Associates. Architects Applicant's Address: 2150 W. Washington. Suite 303. SD. CA 92110 Applicant's Telephone Number: (619) 692-9393 Exempt Status: (Check One) ' ^HE OFFICE OF THE COUIMTV CLERK Ministerial (Section 21080(b)(1); 15268); '^^o County on SFP j ^ ^OQil Declared Emergency (Section 21080(b)(3); 15269(a)); ^-4-^-3)04— —I - '4QWy on Emergency Project (Section 21080(b)(4); 15269 (b)(c)); f^gp^J,., /'\] Calegoncai Exemption - State type and section number: 15 5 03 (u) Statutory Exemptions - State code number: Reasons why project is exempt: Single family residence in urbanized area. Lead Agency Contact Person: Anne Hysong Telephone: (760) 602-4622 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 Director Date Signed by Lead Agency I I Signed by Applicant Revised March 2004 U.S. Postal ServiccTM CERTIFIED MAIL™ RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® i-n r-cr CO ru LO • • O Return Reciept Fee (Endorsement Required) ^ Restricted Delivery Fee 112 (Endorsement Required) Certified Fee m • • Total Postage & Fees 0 StreefTApt. No.; ^ . / 7 =. z.'y.^^.^:.y.^J.7?.M.^MfQid?^ City, state, Zli PS Form 3800, June 2002 See Reverse for Instructions Q Citv of Carlsbad Planning Department NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON AppHcation #: CDP 04-07 Filing Date: September 2, 2004 Case Name: McGuire Residence Decision Date: September 1. 2004 Applicant: Dominy & Associates Architects Agent (if different): Same Address; Phone: ACTION: • • 2150 W. Washington. Suite 303. S.D. CA. Address: 92110 Phone: (619) 693-9393 APPROVED APPROVED WITH CONDITIONS DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons wJjo specifically requested it, and tiie applicant). COASTAL COMMISSION APPEAL STATUS: I I NOT APPEALABLE TO THE COASTAL COMMISSION. ^ APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: Cahfomia Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, CaUfomia 92108-4402, Telephone (619) 767-2370. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost ofpreparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NOTICE OF EXEMPTION /^a/Wyg/^^j To: Office ofPlanning and Research From: CITY OF CARLSBAD P.O. Box 3044 Planning Department Sacramento, CA 95812 1635 Faraday Avenue Carlsbad CA 92008 County Clerk (760) 602-4600 County of San Diego Attn: Karen Hemandez, Room 260 1600 Pacific Highway SanDiego CA 92101 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 04-07 - McGuire Residence Project Location - Specific: 5035 Tierra Del Oro Project Location - City: Carlsbad Project Location - Countv: SanDiego Description of Project: Coastal Development Permit and Administrative Variance to allow the demolition of an existing single family residence and construction of a 4.000 square foot single-familv residence on a 0.41 acre lot. Name of Public Agency Approving Project: Cityof Carlsbad Name of Person or Agency Carrying Out Project: Susan McGuire Name of Applicant: Dominy & Associates. Architects Applicant's Address: 2150 W. Washington. Suite 303. SD. CA 92110 Applicant's Telephone Number; (619) 692-9393 Exempt Status: (Check One) I 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: Single family residence in urbanized area. Lead Agency Contact Person: Anne Hysong Telephone: (760) 602-4622 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? MICHAELLHOLMLLERTPlanning Director Date Signed by Lead Agency I I Signed by Applicant Revised March 2004 PROOF OF PUBLIC TION (2010 & 2011 C.C.P.) This space is f the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 19th 2004 I certify (or declare) under penalty of perjury that the foregoing is tme and correct. Dated at SAN MARCOS Califomia This 19 Davof August. 2004 Signatur Jane Olson NORTH COUNTY TIMES Legal Advertising NQIICE OF PUBUC HEARING COMPLETE DATE.June 4, 2004 DESCRIPTION: t"oX^=\^°/dSiro'n°if^an'^i?-^*"'^^^^'"P'"^"' isting single-family residencer and construction of a new single-family residence. LOCATION: This protect is within the City of '"^'•'??S9^J?°astal Zone locat-ed at 5035 Tierra del Oro Street within Local Facilities Manaqe-ment Zone 3. ^ ASSESSOR'S PARCEL NUMBER:210-020-09 ^ j APPLICANT: Dominy and Associates 2150 yV. Washington, Suite 303 'San Diego CA 92110 A public hearing on the above Pjoposed protecTwill be held by the Planning Commission in the Council Chambers, 1200 Carls-bad Village Drive, Carlsbad, S?^l,'°r'?.'l;,°" September 1, 2004 at 6:00 p.m. and^Zlw? Hf!!!'c'™''®''J° public hearing ^^i.S!S decision makers with any oral or written cornments they may have regarding the oroiect Thp en tpllowed by public testimony, questions and &"gu?t°ir200'4'.' "P""^ '^-^'^^- on or "c'on''i^'"""!£".i',. I^onday tnrough Ihurs-flf ^iRq^<?l=1l;H° P "' - ^"''ay 8:00 a.m. toS:00 p i^ f76of602^4622 Carls'bad, California 9^08, APPEALS If you challenge the Coastal Development Permit in court, you maySe limited to raising oniyfhose ssues vou fhil n'];?°"^ '•^ig^'^ 3' *e public hearing descrleS°n r h,?,?rf'."K^ '!J correspondence dlivered to m2 City of Carisbad pnor to the public hearing. .r'^Pan^r6^o"m±Poll^"''" ^'^^ ^ <^-is'!!,1?b'y" 2.Coastal Commission Appealable Project: I^TNs site is located within the Coastal Zone Appealable Where the decision is appealable to the Coa<!tai rem mission appeals must bJ^liled wi h the Coastal comrSS-" S?<=1ST '!!,°*'r9 ''ays after the Coastal Com- C^Tr^f&uSS^T'^v^ Notice of Final Action fFom the S ^SLSfi^^^a"- ,Ap,P'i<?ri*s will be notified by the Coas - §^nXrf'h%\°In%ieM CASE FILE:CDP 04-07 S^I^IL^Pv'^?^'JIR€ RESIDENCE NCT 1682951 • August 19, 2004 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: DATE: Z-ZI^-o^ BACKGROUND 1. CASE NAME: Hcftm(L(: ?e^3lPe^OC(b 2. LEAD AGENCY NAME AND ADDRESS: C\-^ CMJi£JB^D l^5J^^«^ ^"^^ 3. CONTACT PERSON AND PHONE NUMBER: L£x=> Me^m^^ 4. PROJECT LOCATION: 'SoS^ ^yfeifcig^ l>e^ Qfi.^ ST. 5. PROJECT SPONSOR'S NAME AND ADDRESS: 6. GENERAL PLAN DESIGNATION: 7. ZONING: 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., pennits, financing approval or participation agreements): 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Rev. 07/26/02 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. 1 1 Aesthetics 1 1 Geology/Soils 1 1 Noise 1 1 Agricultural Resources 1 1 Hazards/Hazardous Materials 1 1 Population and Housing 1 1 Air Qualitv 1 1 Hydrology/Water Quality 1 1 Public Services 1 1 Biological Resources 1 1 Land Use and Planning 1 1 Recreation 1 1 Cultural Resources 1 1 Mineral Resources 1 1 Transportation/Circulation 1 1 Mandatory Findings of Significance 1 1 Utilities & Service Systems Rev. 07/26/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and himian factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significeint level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part I", if a proposed project could have a potentially significant adverse effect on the environment, but aU potentially significant adverse effects (a) have been analyzed adequately in an earher EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made piarsuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are , one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 07/26/02 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an eariier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part I analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) L AESTHETICS-Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? IL AGRICULTRAL RESOURCES - (hi determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultiu-al use? III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstmct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • • • • m • • • • • • X • • • • • • • • • • • SI • E • S • 0 • El Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special stams species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defmed by Section 404 of the Clean Water Act (including but not limited to marsh, vemal pool, coastal, etc.) through direct removal, filing, hydrological interraption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with estabhshed native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Commimity Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • H • • • • • • • • • • • • • • 0 • 0 • • • El • El • • • Kl • 0 • Kl • 0 • • 10 Rev. 07/26/02 ^^^^ Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS-Would the project: a) Expose people or stmctures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landshdes? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to hfe or property? Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • m • • • • • • • • • y • • • 0 • • • • • • y • • • • • • X • • • Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Have soils incapable of adequately supporting the use of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? VIL HAZARDS AND HAZARDOUS MATERIALS- Would the project: a) Create a significant hazard to the pubhc or the envirormient through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or stmctures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences £ire intermixed with wildlands? Vin. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Impact • • • • • Potentially Significant Unless Mitigation Incorporated • • • • • • • Less Than Significant No Impact Impact • 0 • H • K • • • El • • • lEI • • • 0 • 0 • ISl • 0 • • n 13 Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Substantially deplete groimdwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? e) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? f) Create or contribute nmoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted nmoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area stmctures, which would impede or redirect flood flows? j) Expose people or stmctures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • 0 • • • B • • • • • • • • • • • • 0 • • • u • • • 0 • • • 0 • • • 0 • • • • • • la Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) n) Changes to receiving water quality (marine, fresh or wetland waters) during or following constraction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XL NOISE - Would the project result in; a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • 0 • • • 0 • • • 0 • • • X • • • y • • • m • • • 0 • • • m • • • • • • 0 • • • 0 • • • 10 Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? xn. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastmcture)? b) Displace substantial numbers of existing housing, necessitating the constmction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the constmction of replacement housing elsewhere? xm. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemment facilities, a need for new or physically altered govemment facilities, the constmction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Potentially Significant Impact • • • Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • 0 • • • 0 XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? • • Kl • • • m • 0 i) Fire protection? • • • ii) Police protection? • • • 0 iii) Schools? • • • 0 iv) Parks? • • • 0 V) Other public facilities? • • • 12 • • • 0 II Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Does the project include recreational facilities or require the constmction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus tum- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the constmction of new water or wastewater treatment facilities or expansion of existing facilities, the constmction of which would cause significant environmental effects? c) Require or result in the constmction of new storm water drainage facilities or expansion of existing facilities, the constraction of wliich could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • 0 • • • 0 • • • 0 • • • 0 • • • • • • • • • • • • 0 • • • n • • • 0 • • • • • • 12 Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Result in a detemiination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient pemiitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local stamtes and regulations related to solid waste? XVIL MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Cahfomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • 0 • 0 • 0 • • • 0 • • • la • • 0 XVm. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 13 Rev. 07/26/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (O3), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Govemments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the Califomia State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality plaiming process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of Cahfomia Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomphsh attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in fhe project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstmct implementation of the regional plan. b) Violate any air quaUty standard or contribute substantially to an existing or projected air quaUty violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hoiir state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated with the project, the project would involve minimal short-term emissions associated with grading and constraction. Such emissions would be minimized through standard constmction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria poUutant for which the project region is non-attainment under an appUcable federal or state ambient air quaUty standard? 14 Rev. 07/26/02 Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, Califomia, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 15 Rev. 07/26/02 CARLSBAD FIRE DEPARTMENT Fire Protection Services PROJECT CONDITION REPORT PROJECT NAME: The McGuire Residence Anne Hysong Date: 3/23/04 Projectnumber: Planning CUP 04-07 Project conditions: (Note: This commentary identifies specific conditions necessary to achieve Fire Department approval.) No fire comments Code reminders: (Note: This commentary is provided to assist the applicant, and identifies minimum code requirements that are frequently overlooked. Colleen Balch City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM March 16, 2004 TO: Anne Hysong, Planning FROM: John Maashoff, Engineering SUBJECT: CDP 04-07, AV 04-02 First Review of McGuire Residence - 5035 Tierra Del Oro St. Engineering Department staff has completed its review of the project and has the following comments/concerns. This review does not constitute a complete review of the project and additional items of concem may be identified upon resubmission of a complete re-submittal. 1. All easements listed in the preliminary title report should be plotted on the site plan. Proposed improvements which conflict with existing easements will need to be coordinated with said easement holders. 2. Please show a typical section of Tierra Del Oro St. on the site map. Clearly show all existing and proposed improvements adjacent to the site. Please dimension the existing right-of-way and curb width, etc. along the project frontage. 3. Please identify the small dashed line that runs north to south along the easterly side of the westerly 64 feet. 4. The decorative concrete and omamental planting within the public right-of-way should be moved onto private property. 5. Please add a cross section on the site plan. The cross section should run in a north-south direction through the middle of the proposed structure (slighdy west of section A shown on sheet A1.2. The section should show elevations of both existing and proposed ground and structures on and adjacent to the subject site. 6. Please show detail or typical section of how the improvements adjacent to the slope greater than 25%, at the westerly portion of the proposed building, will be constructed. It appears the edge of the pool is 8 feet higher than the existing ground, is this correct? Will this be an exposed 8' wall? 7. On the site plan, please include a cross section of the project extending from the toe of the existing coastal bluff up through the proposed residence. The section should show the limits of removals and recompaction anticipated as necessary to accomodate C:\Documents and Settings\ahyso.OOO\Local Settings\Temp\First Rev Memo 3-16_l.doc SDP-00-10 Page 2 of 2 development as identified in the preliminary soils report. If you or the applicant has any questions, please feel free to contact me at (760) 602-2747. .7' Citv of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION September 7,2004 Dominy And Associates Ste 303 2150 WWashington SanDiego CA92110 SUBJECT: CDP 04-07 - MCGUIRE RESIDENCE At the Planning Commission meeting of September 1, 2004, your application was considered. The Commission voted 7-0 to APPROVE your request. The decision of the Planning Commission became final on September 1, 2004. The time within which judicial review of this decision must be sought is govemed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attomey of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J.TIOLZMILLER Planning Director MJH: AH;aw Enclosed: Planning Commission Resolution No. 5708 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us C /*^ ' / Citv of Carlsbad Planning Department August 10, 2004 Leo and Susan McGuire 5035 Tierra Dei Ore St Carlsbad CA 92008 SUBJECT: CDP 04-07/AV 04-02 - MCGUIRE RESIDENCE The preliminary staff report for the above referenced project wiil be mailed to you on Friday, August 13, 2004. This preliminary report will be discussed by staff at the Deveiopment Coordinating Committee (DCC) meeting which wiil be held on August 23. A twenty (20) minute appointment has been set aside for you at 10:00. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission, Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additionai information concerning this matter, piease contact your Planner, Anne Hysong at (760) 602-4622. Sincerely, DON NEU Assistant Planning Director DN:AH:bd c: John Pyjar, Dominy and Associates, Ste 303, 2150 W Washington, San Diego CA 92110 File Copy John IVIaashoff, Project Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ n - c Citv of Carlsbad Planning Department July 15, 2004 John Pyjar Dominy & Associates, Architects 2150 W. Washington, Suite 303 San Diego, CA 92110 SUBJECT: CDP 04-07/AV 04-02 - IVIC GUIRE RESIDENCE Your application has been tentatively scheduled for a hearing by the Planning Commission on September 1, 2004. However, for this to occur, you must submit the additionai items listed below. If the required items are not received by August 9, 2004, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your (site plan set with landscape plan, building elevation plans, and floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 9"x 12" size. NOTE: Add the subject project numbers to the upper right hand corner of Sheet A0.1. B) One SVi" x 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. 300* o^uxMr 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CDP 04-07/AV 04-02 July 19, 2004 Paqe 2 GUIRE RESIDENCE C) 30 o Mailing Labels - two (2Vseparate sets of mailing labels of the property owners within a 600 foot radius^and occupants within a 100 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APTS 123 MAGNOLIA AVE CARLSBAD CA 92008 D) E) Sincerely, Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. SONG 7) ANNE HYSONG Associate Planner AH:bd Attachment 1 HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: ISSUES OF CONCERN No. CDP 04-07/AV 04-02 Planning: 1. Both the existing conditions and proposed site plan need to identify all retaining walls, existing retaining and proposed walls on the adjacent properties and the site, using the accepted retaining wall symbol with T/W and B/W elevations shown. Please provide a north south cross section that accurately reflects existing conditions. 2. Lil<e structure to like structure stringlines play a very important role for this project. From my sight visit today, I realize that retaining walls on the adjacent properties to the north and south of the site extend out to top of slope (coastal bluff). A stringline should be shown between ihe two retaining wails. Anothei' stringline from at grade patios (yards) should be shown. This should provide justification for the horizontal projections. It may be advisable to consult with Coastal Commission staff about the proposed vertical retaining walls (structures) that separate the yard areas prior to proceeding with your project to avoid the potential for appeal. SEE. cou5(seo •stva^iosi.ursie, iip,i^\fvi<fr, 3. Fencing or walls within the front yard setback cannot exceed a height of 3.5'. According to plans, the proposed stone tile wall in the front setback is 4.76.' Please lower the wall to 3.5' in height. Additionally, please remove any portion of the approximately 9' high trellis proposed in the front yard setback. 4. As previously requested, please pull the extended eave deck/cover back behind the stringline drawn between roof overhangs of adjacent structures. Engineering: 1. All easements listed in the preliminary title report should be plotted on the site plan. Please plot item #4 from the title report dated 8/31/94. Please provide a copy of a recent preliminary title report (within the last 6 months) and copies of any easements listed in the new report. eyteeM&MTS HAM15_ gggfJ Sfb^-J*^ • 2. Please identify the small dashed line that runs north to south along the easterly side of the westeriy 54 feet. <CA^ . 3. The decorative concrete and ornamental planting within the public right-of-way should be moved onto private property. The grading pian included does not match the site plan A0.1. 4. The notes regarding "Grading Permit Not Required" on the grading and drainage plan, sheet G-1, should be removed. A grading plan & permit for the proposed work will be • required prior to start of any construction. 5. The grading pian included in the submittal package does not show the proposed retaining walls. The grading plan should be revised to clearly show the perimeter conditions around the proposed construction. The plans should include cross sections, wall elevations, existing and proposed elevations, property lines, etc. The plans do not cleariy depict the area between the proposed structure/pool and the adjacent properties, please include various cross sections so exposed wall heights, drainage, etc. can be cleariy determined. STRINGLINE FOR YARDS STRINGLINE FOR RETAINING WALLS STRINGLINE FOR RAISED DECKS STRINGLINE FOR ROOF OVERHANGS STRINGLINE FOR HOUSE WALLS CORRESPONDING PROPOSED IMPROVEMENTS ARE SHOWN WITH A SOLID LINE OF THE SAME COLOR PARTIAL SITE PLAN 1/16" = 1-0" Dominy -(-Associates Architeds @ domusshidio 2150 West Washington, Suite 303 San Diego, Californio 92110 The McGuire Residence Tel 619.692.9393 Fox 619.692.9394 domusstudio.com 0334 21 JUNE 2004 STRINGLINE FOR YARDS STRINGLINE FOR RETAINING WALLS STRINGLINE FOR RAISED DECKS STRINGLINE FOR ROOF OVERHANGS STRINGLINE FOR HOUSE WALLS CORRESPONDING PROPOSED IMPROVEMENTS ARE SHOWN WITH A SOLID LINE OF THE SAME COLOR PARTIAL SITE PLAN 1/16" = 1-0" Dominy -l-Associales ArchHecfs @ domusstudio 2150 West Washington, Suite 303 Son Diego, Colifomio 92110 The McGuire Residence Tel 619.692.9393 Fox 619.692.9394 domusstudio.com Project: 0334 21 JUNE 2004 STRINGLINE FOR YARDS STRINGLINE FOR RETAINING WALLS STRINGLINE FOR RAISED DECKS STRINGLINE FOR ROOF OVERHANGS STRINGLINE FOR HOUSE WALLS CORRESPONDING PROPOSED IMPROVEMENTS ARE SHOWN WITH A SOLID LINE OF THE SAME COLOR PARTIAL SITE PLAN 1/16" = 1-0" Dominy +Associates Architects @ domusstudio 2150 West Washington, Suite 303 Tel 619.692.9393 Fax 619.692.9394 STRINGLINE FOR YARDS STRINGLINE FOR RETAINING WALLS STRINGLINE FOR FJAISED DECKS STRINGLINE FOR ROOF OVERHANGS STRINGLINE FOR HOUSE WALLS CORRESPONDING PROPOSED IMPROVEMENTS ARE SHOWN WrrH A SOLID LINE OF THE SAME COLOR PARTIAL SITE PLAN 1/16" = 1-0" Dominy +Associates Architects @ domusstudio 2150 West Woshington, Suite 303 SanDiego, Colifomio 92110 The McGuire Residence Tel 619.692.9393 Fox 619.692.9394 domusstudio.com Project: Citv of Carlsbad Planning Department June 4, 2004 Jeff Burns Dominy & Associates, Architects 2150 W. Washington, Suite 303 San Diego, CA 92110 SUBJECT: CDP 04-07/AV 04-02 - MC GUIRE RESIDENCE The items requested from you earlier to make your Coastal Development Permit and Administrative Variance, applications no. CDP 04-07 and AV 04-02, complete have been received and reviewed by the Planning 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, Anne Hysong, at (760) 602-4622, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:AH:bd c: Chris DeCerbo John Maashoff, Project Engineer File Copy Data Entry Planning Aide Susan McGuire, 5035 Tierra del Oro, Carisbad, CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ISSUES OF CONCERN No. CDP 04-07/AV 04-02 Planning: 1. Both the existing conditions and proposed site plan need to identify all retaining walls, existing retaining and proposed walls on the adjacent properties and the site, using the accepted retaining wall symbol with T/W and B/W elevations shown. Please provide a north south cross section that accurately reflects existing conditions. 2. Like structure to like structure stringlines play a very important role for this project. From my sight visit today, I realize that retaining walls on the adjacent properties to the north and south of the site extend out to top of slope (coastal bluff). A stringline should be shown between the two retaining walls. Another stringline from at grade patios (yards) should be shown. This should provide justification for the horizontal projections. It may be advisable to consult with Coastal Commission staff about the proposed vertical retaining walls (structures) that separate the yard areas prior to proceeding with your project to avoid the potential for appeal. 3. Fencing or walls within the front yard setback cannot exceed a height of 3.5'. According to plans, the proposed stone tile wall in the front setback is 4.76.' Please lower the wall to 3.5' in height. Additionally, please remove any portion of the approximately 9' high trellis proposed in the front yard setback. 4. As previously requested, please pull the extended eave deck/cover back behind the stringline drawn between roof overhangs of adjacent structures. Engineering: 1. All easements listed in the preliminary title report should be plotted on the site plan. Please plot item #4 from the title report dated 8/31/94. Please provide a copy of a recent preliminary title report (within the last 6 months) and copies of any easements listed in the new report. 2. Please identify the small dashed line that runs north to south along the easterly side of the westeriy 64 feet. 3. The decorative concrete and ornamental planting within the public right-of-way should be moved onto private property. The grading plan included does not match the site plan A0.1. 4. The notes regarding "Grading Permit Not Required" on the grading and drainage plan, sheet G-1, should be removed. A grading plan & permit for the proposed work will be required prior to start of any construction. 5. The grading plan included in the submittal package does not show the proposed retaining walls. The grading plan should be revised to cleariy show the perimeter conditions around the proposed construction. The plans should include cross sections, wall elevations, existing and proposed elevations, property lines, etc. The plans do not clearly depict the area between the proposed structure/pool and the adjacent properties, please include various cross sections so exposed wall heights, drainage, etc. can be clearly determined. REPORT NUMBER: DATE OF ISSUE: 2081 July 15, 1994 0^ 6^' A"- No* I \ \ \ 0 ^ \ i Dominy-1-Associates Architects ©domusstudio LLP Letter of Transmittal TO: Anne Hysong City of Carlsbad Planning Dept. PROJEa: McGuire Residence PROJEa NO: 0334 ATE: 4/29/2004 ENT BY: John Pyjar (ext. 14) j ohn.pyj ar@domusstudio .com COPY TO: FAX NUMBER: Susan McGuire WE ARE SENDING: VIA: • SHOP DRAWING • ORGINALS • MAIL • COPY OF LETTER • SAMPLES • HAND S PRINTS • SPECIFICATIONS • FEDEX: • CHANGE ORDER • OTHER: • OTHER: ITEM: DATE: QUANTITY/PAGES: DESCRIPTION: 1 4.29.04 5 Submittal sets 2 4.29.04 1/1 Memo from Pool Contractor 3 4.19.04 1/1 Addendum to Geotechnical Investigation 4 4.9.04 1/3 City completeness review letter 5 4.29.04 1/1 Setback variance justification REMARKS: RECEIVED APR 2 9 m CITY OF CARLSBAD PLANNING DEPT. 2150 West Washington, Suite 303, Son Diego, California 92110 Tel 619.692.9393 Fax 619.692.9394 domusstudio.com Dominy-I-Associates Architects @ domusstudio LLP Memorandum DATE: 4/29/2004 SPOKE WITH: Dan Dougherty, Owner/Sandpiper Pools PROJEa: McGuire Residence H PHONE • CONFERENCE • OTHER: PROJEa NO: CDP 04-07/AV 04-02 Anne Hysong, City of Carlsbad Pool Construction John Pyjar (ext. 14) john.pyjar@domusstudio.com Susan McGuire I spoke with Dan at Sandpiper Pools about the construction of a pool adjacent to a sloped bank and described our proposed condition. He said it is possible and preferable to construct the pool without disturbing the bank. If the bank remains undisturbed, he is able to use it as a form for his shot concrete, the preferred method of construction. The 2 ft. we have between the edge of the pool and the top of the slope is adequate to provide a solid form. The swimming pool will not adversely affect the stability of the slope. One reason is that the pool and the water that it contains weighs less than the ground that it is replacing. The other reason is that he will have the pool engineered to transfer it's weight to the bottom of the pool footing. There will be no outward acting force on the slope. The stability of the slope is a very critical issue to him, not so much to protect the slope, but to avoid pool failure, a liability concern for his company. 2150 West Washington, Suite 303, San Diego, California 92110 Tel 619.692.9393 Fax 619692.9394 domusstudio.com P:\0334 McGuire RBsid«ncB\2.0 DESIGN\2.5 APPROVALS\4 29.0iPOOiMEMO.doc I Dominy 4-Associates Architects @ domusstudio LLP 29 April 2004 McGuire residence front yard setback reduction request justification 5035 Tierra Del Oro, Carlsbad, Califomia 1. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not generally apply to other property in the same vicinity. All of the homes on the east side of the street are able to have a full back yard with normal rear yard setbacks and plenty of useable yard in the back. They are also able to have tall homes with no height issues or view blockage issues. Because the McGuire property is facing the ocean, it must observe a reduced rear yard determined by a string line measurement. Also because the rear yard slopes away to the ocean, and the coastal regulations discourage development on the ocean frontage, the McGuire's would have less useable back yard than the eastern neighbors if this variance were not granted. The slope downward and view issues also force the development lower and away from the ocean. 2. The granting of this variance is necessary to give the McGuire's the same privileges and enjoyment of a substantial property right in the same vicinity and zone. Such a reduction has already been granted and the homes on either side of the McGuire's already have front yard setback reductions to 5 'and 8 '. The cul-de-sac was originally developed with these typical reduced front yards (one has a 3' front yard setback) and all of the properties on the west side of the street already observe reduced front yards. Once granted and built, the McGuire's home will in effect almost "match" the development on either side of them and around the cul-de-sac. (Their 13' setback will still be bigger than the neighbors!) 3. The granting of this variance to reduce the front yard setback will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone. This setback will match or be similar to others in the immediate neighborhood. In fact these improvements proposed by the McGuire's will greatly enhance and improve the property values along the street. No one will lose privacy or any aspect of their properties use that could have negative impacts on their own property values. Just the opposite will occur. 4. The granting of this variance will not adversely affect the comprehensive general plan because no new precedent is being set nor is any "new" extension or expansion of existing conditions or policy being sought. Similar setback reductions already occur on this and many other cul-de-sacs in Carlsbad where pie shaped lots exist and give character and interest to neighborhoods. Senior PrirKipal: Principals: A. lewis Dominy III, AIA Wayne Holton AIA, David Pfeifer AIA, John Pyjar AIA, Alfredo Quinlanar AIA Associates: David Keitel, Ernesto Quintanor : 2150 West Washington, Suite 303, San Diego, California 92110 Tel 619.692.9393 Fox 619.692.9394 domusstudio.com CoNSTOJCTiON TESTING & ^ NGINEERING, INC. SAN DIEGO, CA RIVERSIDE, CA VENTIIRA, CA 2414 Vineyard Ave. 490 E. Princeland Ct. 1645 Paciflc Ave. Suite G Suite 7 Suite 105 Escondido, CA 92029 Corona, CA 91719 Oxnard, CA 93033 (760)746-4955 (909) 371-1890 (805) 486-6475 (760) 746-9806 FAX (909) 371-2168 FAX (805) 486-9016 FAX TRACY, CA 242 W. Larcli Suite F Tracy, CA 95376 (209) 839-2890 (209) 839-2895 FAX SACRAMENTO, CA N. PALM SPRINGS, CA 3628 Madison Ave. 19020 N. Indian Ave. Suite 22 Suite 2-K Lancaster, CA 93534 N. Higlllands, CA 95660 N. Palm Springs, CA 92258 (661) 726-9676 (916) 331-6030 (760) 329-4677 (916) 331-6037 FAX (760) 328-4896 FAX LANCASTER, CA 42156 lOtli St. W. Unitli (661) 726-0246 FAX ENGINEERING, INC. April 19, 2004 CTE JobNo. 10-6766G Leo & Susan McGruire C/O: Mr. John Pyjar Dominy + Associates Architects 2150 West Washington, Suite 303 San Diego, Califomia 92110 Telephone: 619.692.9393 Via Facsimile: 619.692.9394 Subject: Addendum to Geotechnical Investigation Response to City of Carlsbad Planning Department Review Comments CDP 04-07/AV 04-02 - McGuire Residence, dated April 9, 2004 Reference: Preliminary Geotechnical Investigation, Proposed Improvements to McGuire Residence, 5035 Tierra Del Oro Street, Carlsbad, California, CTE Job No. 10-6766, dated March 2, 2004 Mr. Pyjar: As requested and required by the review comments referenced above. Construction Testing & Engineering, Inc. (CTE) provides the following responses regarding the proposed swimming pool at the referenced site. Response to Planning: Comments.: Based on our review of the preliminary project plans, it is our opinion that the proposed swimming pool will not adversely affect the overall stability of the existing bluff at the subject site. In addition, we do not anticipate any grading of the bluff will be necessary beyond the lateral extent of the proposed swimming pool. We appreciate the opportunity to be of service. Should you have any questions or need further information please do not hesitate to contact this office. Respectfully submitted, CONSTRUCTION TESTING & ENGINEERING, INC. DanT. Math, RCE# 61013 Senior Engineer GEOTECHNICAL • ENVIRONMENTAL • CONSTRUCTION INSPECTION AND TESTING • CIVIL ENGINEERING • SURVEYING City of Carlsbad Planning Department April 9, 2004 Jeff Bums Dominy & Associates Architects 2150 W. Washington, Suite 303 San Diego, CA 92110 SUBJECT: CDP 04-07/AV 04-02 - MCGUIRE RESIDENCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your coastal development permit and administrative variance, applications no. CDP 04-07 and AV 04-02, as to their completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concem to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, March 10, 2004, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Anne Hysong, at (760) 602-4622, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL JTHOLZMILLER Planning Director MJH:AH:nih Attachments c: Chris DeCerbo John Maashoff, Project Engineer File Copy Data Entry Plaiming Aide Susan McGuire, 5035 Tierra Del Oro, Carlsbad, CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CDP 04-07/AV 04-02 Planning: 1. The proposed second dwelling unit (granny flat) requires submittal of a separate administrative minor coastal development permit. Please ensure that the proposed second dwelling unit is consistent with the specified development standards, i.e., area, parking, etc. Application materials are attached. 2. Please provide an exhibit showing existing 1' contours across the entire lot between Tierra del Oro and the bottom of the coastal bluff. In addition, provide an east-west cross section showing the existir^g grade and proposed grade with the structure above. 3. Please remove the landscaping shown on the site plan in the front yard setback so that dimensions are visible. 4. An administrative variance application was submitted for a reduced front setback, however, the justification for the setback was not included in the submittal. Please complete the attached justification including documentation of surrounding administrative Variances, i.e., addresses and file numbers for homes that have received approval of reduced front setbacks. 5. Please provide a letter (addendum) to the Preliminary Geotechnical Investigation that addresses the effect the project, including construction of a swimming pool at the top of the bluff that may require excavation of a portion of the bluff, could have on the stability of the bluff. Section 21.204.050 (Coastal Shoreline Development Overlay Zone) of Carlsbad Municipal Code specifies that no excavation or grading is permitted on the bluff except to the extent necessary to accomplish construction that is consistent with the required development standards. ISSUES OF CONCERN Planning: 1. The project does not comply with setbacks that are determined by stringlines fi-om adjacent structures, decks and appurtenances. Stringlines are shown from exterior walls, roof eaves, and decks. The above grade northem deck area projects beyond the deck stringline. The proposed extended eave/deck cover projects beyond the roofline stringline. Please pull all structures back so that they are behind the applicable stringline. 2. Building height is measured fi-om all points within and surrounding the structure to the highest point above the point of measurement. The structure exceeds 30' at some points fi-om proposed grade. Information requested above will assist staff in determining whether existing or proposed grade will be used to measure building height. It is unclear from the existing topo shown on the grading plan how and where the site currently rises from 29.9' to 36.3'. Is there an existing deck supported by a retaining wall? 3. A proposed retaining wall that encroaches into the coastal bluff is shown along the southem property line for the swimming pool. Additionally, the swimming pool is proposed up to the top of the westem coastal bluff. If construction of a pool at the top of the bluff results in disturbance 1^ to the bluff, the pool will have to be pulled back from the top of the bluff to a point where no disturbance will occur. (See Incomplete Item 5 above.) Engineering: 1. All easements listed in the preliminary title report should be plotted on the site plan. Proposed improvements which conflict with existing easements will need to be coordinated with said easement holders. 2. Please show a typical section of Tierra Del Oro St. on the site map. Clearly show all existing and proposed improvements adjacent to the site. Please dimension the existing right-of-way and curb width, etc. along the project fi-ontage. 3. Please identify the small dashed line that runs north to south along the easterly side of the westerly 64 feet. 4. The decorative concrete and omamental planting within the public right-of-way should be moved onto private property. 5. Please add a cross section on the site plan. The cross section should run in a north-south direction through the middle of the proposed structure (slightly west of section A shown on sheet A1.2. The section should show elevations of both existing and proposed grovmd and structures on and adjacent to the subject site. 6. Please show detail or typical section of how the improvements adjacent to the slope greater than 25%, at the westerly portion of the proposed building, will be constructed. It appears the edge of the pool is 8 feet higher than the existing ground, is this correct? Will this be an exposed 8' wall? 7. On the site plan, please include a cross section of the project extending from the toe of the existing coastal bluff up through the proposed residence. The section should show the limits of removals and recompaction anticipated as necessary to accommodate development as identified in the preliminary soils report.