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HomeMy WebLinkAboutCDP 04-13; LAUER RESIDENCE SECOND DWELLING UNIT; Coastal Development Permit (CDP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1 ) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT· 0 USE ONLY) USE ONLY) Administrative Permit -2nd 0 Planned Industrial Permit Dwelling Unit D Administrative Variance 0 Planning Commission ~astal Development Permit q Determination )POl.{,. l ~ I 0 Precise Development Plan D Conditional Use Permit 0 Redevelopment Permit 0 Condominium Permit 0 Site Development Plan D Environmental Impact 0 Special Use Permit Assessment D General Plan Amendment 0 Specific Plan D Hillside Development Permit 0 +eRtati'o'e Pafeel Maf) Obtain from Engineering Department D Local Coastal Plan Amendment 0 Tentative Tract Map D Master Plan D Variance D Non-Residential Planned 0 Zone Change Development D Planned Development Permit 0 List other applications not specified 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) BiJJ Lauer / Pti 1(u}jo Ltiuer 'Bi I J / ftl/ff it; ~ IL Lau~r MAILING ADDRESS I MAILING ADDRESS 3&,11 5rYt(+{~ 'Dr'/~ .;2, •. '~1.-1 .Jt.:-' I ! 5tYI~C '7Y .. ~ . l " CITY AND STATE ZIP / -;.r' ') TELEPHONE CITY AND STATE ZIP TELEPHONE {}~({sbttd Cf1 C1Z \../.:'./ C'UI Is t'{L{;{ dt 1ZoJf:; L(51,0 L/ ,~2 . 'lO{)Y tr<Y . ((Lf/:; Z- I CERTIFY TH;;:;; THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLE~. 1 / j; /. c~c.,?O~, BEST OF MY KNOWLEDGE. • .;j ;,. . f, if . XlU--/1..:. /), (.~ .)-t.(f ,. {llu'---/ C y.3 ~-> SIGNATURE J DATE SIGNATuRE DATE 7) BRIEF LEGAL DESCRIPTION j c..· ...... jc/ ... '-" '.-' of NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. 8) LOCATION OF PROJECT: 43 7q HI61fll..~JD Drllt! t. STREET ADDRESS ON THE \vESI SIDE OF (NORTH. SOUTH. EAST, WESTI (NAME OF STREET) BETWEEN Hoov:e 5). AND 1 INAM.E OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT:ZONE 10} PROPOSED NUMBER OF LOTS ~J t; 11) NUMBER OF EXISTING ~O 12) PROPOSED NUMBER OF OJ l.N.l!jJ RESIDENTIAL UNITS ~ RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION Iii&] 14} PROPOSED IND OFFICE! I N I A 115) PROPOSED COMM I;JlA I I SQUARE FOOTAGE . SQUARE FOOTAGE 16} PERCENTAGE OF PROPOSED [QJ 17} PROPOSED INCREASE IN [JQJ 18) PROPOSED SEWER [JJ PROJECT IN OPEN SPACE ADT USAGE IN EDU 19} GROSS SITE ACREAGE ~20) EXISTING GENERAL ~ 21) PROPOSED GENERAL Wi] .4 PLAN Lrn PLAN DESIGNATION 22) EXISTING ZONING [&JJ 23} PROPOSED ZONING ItJiA I 24) IN THE PROCESS 'OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/wE CONSENT TO ENTRY FOR T URPOSE ~IGNAT RE' FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED DATE FEE PAID Form 16 RECE APR (J 1 ~ CITYOFCA PLANNINGROLSBAO EPT. DATE STAMP APPLICATION RECEIVED ~ I~-----r- RECEIPT NO. PAGE 2 OF 2 CITY. CARLSBAD -AFFIDAVIT OF COMIIANCE FOR A SECOND DWELLING UNIT Instructions to Property Owner (Affiant): Please type or print complete and accurate answers in all blank spaces in Section 1. Please read carefully, particularly Section ll. Please read, sign and date Section ill indicating that you understand and agree with the conditions of compliance. SECTION I -INFORMA nON Property owner(s): [) I LL .t [?Ani l.AJfR. Name(s) Property Address: VAtM/1 L Or I tlllAflLMQ P~/t!E Streyt Address ) ~~>8AO ~A 12008 City State Zip Code Assessor Parcel No. Subdivision: _________ /'----___ or PAfU.£L 7 f) P f1r1'57.rl" Name Lot/Block Parcel No. Project Number: SECTION II -CONDITIONS FOR COMPLIANCE PLEASE READ CAREFULLY 1. A second dwelling unit is an attached or detached dwelling unit which is located on the same lot as an existing owner-occupied single family detached dwelling unit and is: a. Suitable for use as a complete living facility with provisions within the facility for cooking, eating, sanitation and sleeping; b. Occupied by one or more persons; and c. Subordinate to the main dwelling unit. 2. The Property Owner(s) listed above hereby certifies that he/she owns the above referenced property, as of the date of this affidavit, and to hislher belief and knowledge, there are no conditions, covenants or restrictions on the property prohibiting a second dwelling unit apartment. 3. The Property Owner(s) agrees to the following terms and conditions: FRM0006 5/96 PAGE40F5 a. The property and residence referenced above must not contain a second residential dwelling unit unless it is in compliance with the second dwelling unit administrative permit provisions of the Zoning Ordinance of the City of Carlsbad. b. The Property Owner(s) shall reside in either the main dwelling unit or second dwelling unit described above, now, and for the life of this agreement. IIOwner" shall include a lessee if the leasehold includes both the main dwelling unit and the second dwelling unit. c. The Second Dwelling Unit may only be rented and shall not be sold separately from the main dwelling unit, unless the lot on which such units are located is subdivided. d. The Property Owner(s) agree to rent the Second Dwelling Unit at a monthly rental rate which shall not exceed an amount equal to 30% of the gross monthly income of a low- income household, adjusted for household size, at 80% of the San Diego County median income. e. A copy of this agreement and Affidavit must be given by the Property Owner(s} to prospective purchasers of the property prior to entering into a sales contract for said property. SEcrION ill -AFFIRMATION AND AGREEMENT I HEREBY DECLARE AND AFFIRM, under penalty of perjury, that all matters and facts set forth in this agreement are true and correct to the best of my knowledge, information and belief, and that I (we) understand, accept and will abide by the regulations, requirements, and standards governing the Second Dwelling Unit. BY:~~ Date t(-1-01 BY: Property Owner Date OwnertsTelephoneNumber(s): 7~CJ'-C(8'1-it?CftL I( {1~1'" Lf1 r" zr?/l Home Office FRMOOO6 5/96 PAGE50F5 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: LAv~K' eG~ID6..((£ 'l ne,( DJ,J£LUNt, UNIT APPLICANT NAME: B,Ll 1 8r('( Lfiv'£e. 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()}J~ffl-Jc:nOA/ 0': A 21\J. DkJGWN4 UN/r 70 66 f>JJL;r U>J~ wi 1""HE MA-IJJ ~A1JfL eec;l[)(3#v£. Project Description 10/96 Page 1 of 1 i)'. ~( -=-. , .' CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: COASTAL DEVELOPMENT PERl\flT (SINGLE F MflL Y REGULAR AND MINOR) COASTAL DEVELOPl\IENT PER..WT SUPPLEl\IENTAL APPLICATION (FOR ALL COASTAL DEVELOPMENTPE~'flTS This supplemental application is to be fIled for any development reqtIiring a Coastal ,Development Permit issued by the City of Carlsbad. .: . ',~ ".';.' J ~'-.... ..... • , :' • **Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout. ' . .... . -. . A propose~ pr~ject. r~q.u~r~g t~atmultipl~. app~c.a.tio~ .~e r~ed must be submitted prior to 3:30 p.m. A proposed pro)ect'requirin~hatonly one application be filed must be submitted prior t? 4:00 p.m. . . .. .' """I': ; ___ ,," ,. ,. l , ,f"." .. ' .. 1 All joint application exhibits, i.e. Tentative Map' and Planned oev~iopment S'ite Plan should be prepared at the same scale. (Use a scale no smaller than I" = 40'.) This supplemental application is to be fIled for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: ! . Development costing $60,000 or more does not qualify. ¥ a. Minor Coastal Development Permit. The Planning Director shall make the final determinai'ion fegarding 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 (lCBO) 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: -::;z t.f2 .. S square feet x $78.00/sq. ft. = $.--=3::...~gt~J=~:....::O:::::-_____ _ Residential Addition Square Footage: ______ square feet x $94.00/sq. ft. = $. ____________ _ Any Garage Square Footage: ______ square feet x $22.00/sq. ft. = $. ____________ _ Residential Conversion Square Footage: ______ square feet x $26.00/sq. ft. = $ ____________ _ '.::;::. For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ff.; Restaurant @ $69.00/ sq. ft.; Office @ $55.001 sq. ft.; ManufacturinWWarehouse @ $24.00/sq. ft.: ____ --._ square feet x $ __ /sq. ft. = $ ____________ _ COST OF DEVELOPMENT ESTIMATE: $_--=3,-"3"'-1-,--,l-,,,,'5j~O,--_____ _ . . -~ . . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 01/04 Page 1 of7 B. Do you wish to apply for: 1. A Minor Coastal Development Pemlit CUnder $60,000) )( 2. A Regular Coastal Development Pennit ($60,000 or more) __ _ C. Street address of proposed development VAtMT LOr; H/(~HcA1JD DTLltle D. Assessor's Parcel Number of proposed development 20£0 -/f;() ... L{eo E. Development Description: Briefly describe project: C o}]srxJcnl>Al OF A 1 A.J fAJEW,J1. lJI}rr LONLc9gar IJ! MAIM EE5ID£/{r.£ F. Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: G. North: SfR South: sPR East: SFR West: VACAI./i LDT Is project located within a 1 OO-year flood plain? DYes ~ No II. PRESENT USE OF PROPERTY A. B. Are there existing structures on the property? If yes, please describe. Will any existing structure be removed/demolished? DYes DYes IZl No l'il No If yes tq>~ither -question, describe the extent of the deI1lolitjon or removal, including the relocation site, if applicable (also show on plans). ~ m. LOT COVERAGE A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area . \ ..... . ~ . \ \ Unimproved Area (Left Natural) + + + + • + • • • • • • + • Form 13 Revised 01/04 Existing 0 sq. ft. 0 sq. ft. Q sq. ft . 16fS7~sq. ft. • • • • • • • + • + New Proposed {q2S:J sq. ft. <),'tfbt{ sq. ft. l{,f?oo sq. ft. • /, £"OQ;q. ft. . Total v,2$" I sq. ft. {;q Lfc,t( sq. ft. l£ f}bO sq. ft. 1,5~ sq. ft. • + • • • • • • • • + • • • • • Page 2 of7 --B. Parking: Number of existing spaces 0 Number of new spaces proposed 3 ExistinglProposed TOTAL: ~ ~ Number oftotal spaces required Z. Number of covered spaces :it- Number of uncovered spaces I Number of standard spaces 3 Number of compact spaces 0 Is' tandem parking existing? DYes#_ ~No Is tandem parking proposed? DYes#_ ~No C. Grade Alteration: Is any grading proposed? DYes ~No If yes, please complete the following: 1. Amount of cut WJA cu. yds. 2. Amount of fill IJJA cu. yds. 3. Maximum height of fill slope J.//A: feet 4. Maximum height of cut slope IJ/A feet 5. Amount of import or export JlIA cu. yds. 6. Location of borrow or disposal site ",/A • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 01104 Page 3 of7 The following materials shall be submitted for each application or for combined applications on a single project. 0' J. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded t~ 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN....: Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Regl1J\iJ;Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. Oa. Db. ,Dc. Oi. GENERAL INFORMATION Name, address, and phone number of regIstered civIl engineer. lIcensed surveynr. landscape architect or land planner who prepared the map~/plans. 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 v"heel ~lllpS. Distance between buildings and/or structures. Building setbacks (front, rear and sides). Location, height and materials of walls and fences. Dimensionsllocation of signs. '. A summary table of the following.qf applicable to the application): O( 1) Street address and assessor's parcel number. O(2) Site acreage. '. 0(3) Existing Zone, appLand Use Designation. O( 4) Proposed land use:: ~ 0(5) Total building covetage. 0(6) Percent o~ site to be landscaped. 0(7) Number of plu-king spaces required/provided. O( 8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: 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 overlay zone. The following information shall be submitted at a minimum: 02. 03. 04. 05. Approximate contours at l' 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 a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). Earthwork volumes: cut, fill, import and export. Spot elevations at the corners of each pad. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 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. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain, • • • • • • • • • + + + + • + • • + + • • • + • + + • + + • + + • • + + + + + + Form 13 Revised 01104 Page 4 of7 , c. -e BUILDING ELEVATIONS AND FLOOR PLAl"JS -Four (4) copies for a ~finor Coastal Development Permit and four (4) copies a Single Family Regular Coastal Development Permit prepared on 24" x 36" sheet{s). Each building elevation and floor plan shall include the following information: 01. Location and size of storage areas. 02. All buildings, structures, wall andlor fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). D. COLORED SITE PLAN AND ELEVATION PLAJ."J -Not required \vith first sub~ttal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. ll. REQUIRED DOCUMENTS M'D SUBl\flTT AL ITEMS OA. DB. De. A completed Land Use Review Application Form. Completed Coastal Development Permit Application. Environmental Impact Assessment Part 1 with Regular Coastal Development Petmits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Regular Coastal Development Permits for any environmental review requirements. OD. Disclosure Statement. DE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). OF. Completed "Project DescriptionJExplanation" sheet. DG. Property Owner's List and Addressed Labels: NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLM1NER WILL CONTACT THE APPLICMTT Al'ID ADVISE HIM TO SUBMIT THE RADIUS MAP. TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORI'\lATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT \VILL NOT GO FORWARD UNTIL TillS INFORMATION IS RECEIVED. 1. A typewritten list of the names and addresses of all property O\\'Ilers within a 600' radius of subject property (including the applicant andlor o\\'ller). 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 O\\'llers 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 NUl\mER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS 01\'1. Y. Acceptable fonts are: Arial 10, Enterprise TM or Courier l\TEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92009 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Fonn 13 Revised 01104 Page 5 of7 3. 4. 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 \vith the property owners list. Th~ scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 100' Radius Occupants/Address List and Labels (for coastal zone/CDPs only): One (I) list of the occupants/addresses located within a 100' radius of the project site; and two (2) sets oflabels (as described in "A" above) of the addresses within a 100' radius. III. SPECIFIC PROJECT REQUIREMENTS -(May apply to single family, regular and minor coastal development pem1its). Coastal Overlay Zones require additional infom1ation to be submitted as follows: (refer to the Municipal Code for a full description): A. Coastal Agriculture Overlay Zone 1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overlay Zone 1. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the Carlsbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(B)(I) of the Carlsbad Municipal Code, ifproJect is located along the first row of lots bordering Buena Vista Lagoon including the Lagoon mouth. 3. Topographic, drainage and wetland mapping subject to Subsections 21.203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located east of Interstate 5 in the Batiquitos Lagoon watershed. 4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along EI Camino Real immediately upstream of existing stOm1 drains. 5. Geologic report addressing landslides and slope stability subject to Subsection 21.203. 040(B)( 4) of the Carlsbad Municipal Code. 6. Geologic report addressing land slides and seismic hazards subject to Subsection 21.203.040(C) and (D) of the Carlsbad Municipal Code. C. Coastal Shoreline Development Overlay Zone 1. Geotechnical report subject to 21.204.110 if project is located adjacent to an existing seabluff edge between the sea and the first public road parallel to the sea; also may be required by Planning Director if deemed necessary consistent with Section 21.204.110 of the Carlsbad Municipal Code. 2. Show all structures and decks on adjacent north and south properties to perfom1 "stringline" test subject to Subsection 21.204.050(B) of the Carlsbad Municipal Code. 3. Unless otherwise subrrritted project in this zone must also be subrrritted with plans showing: a. Boundaries and topography b. Existing and proposed structures c. Circulation d. Drainage e. Finished topography f. Landscaping D. Coastal Resource Overlay Zone Mello I LCP Segment 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • F0m113 Revised 01/04 Page 6 of7 I • IV. REQUIRED COASTAL PER."\flT FINDINGS -Approval of a regul::rr 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 ,vith 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 andlor site as set by the Coastal Commission on a previously related appeals decision per Public Resources Code §30604(c). • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form 13 Revised 01/04 Page 7 of7 r -Cit of - Carlsbad DISCLOSURE STATEl\IENT Applicant's statement or disclosure of certain o\\<"Ilership interests on all applications which \ .... i1l require discretionary action on the part of the City Councilor any appointed Board, Commission or Committee. The following infonnation l\mST be disclosed at the time of application submittal. Your project cannot be reviewed until this infonnation is completed. Please print. Note: Person is defmed as "Any individual, fIIID. co-partnership, joint venture, assoclatton, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and propeny ov,,-ner must be pro ... ided below. 1. APPLICAI'\" (Not the applicant's agent) Provide the CO~IPLETE, LEGAL names and addresses of ALL persons ha\ing a fmancial 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-O\vned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary. ) Person 13i II i..J kli tl i( ,t( Ul u..£ ,-CorplPart, ___________ _ Title ____________ _ Address j f..: 'J''/ 7ll;-ft; _ D,< v-{. {ti w l':-t"t: deft tlZi;[<'0- 2. O"'l'I"'ER (Not the O\\<l1er's agent) Title ______________ _ Address, _____________ _ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in 'common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person -f;. , ! I '-or CorplPart, _____________ __ Title, ____________ _ TitIe, ______________ _ Address /1" ,/!--, J-/, I' -•• J {, /1' '-t~ Address _____________ _ i, !. 1-' I (~.-:~ --, . (/ '_ /_ • [.:... _:. (. I , ; (_ f 1635 Faraday Avenue • Carlsbad, CA 92008-7314. (760) 602-4600 • FAX (760) 602-8559 ® POOR QUALITY ORIGINAL (5) SAN CLEMENTE ~ 858 259-4312 TO:1r94981a438 PAGE 13:;: 3. NON .. Plt.Om ORGANIZATION OR mUST 4. trIO)' p:non idcutificd ~ In (1) or (2) above is !.JU_:Qti!.jQlDia_~CJaLlQls. list the narnea and a.ddreSSCJ of AlIX person serving as BI1 0 cer or director of the non-profit organization or as tnlstec or beneficiary of1hc. . Non Profit/'lrust Non Profi -Troe~ __________________ _ TMc, __ ~~ ________________ __ A~~ _________________ __ ~s~~ __________________ _ Ha~ )l)U lad more fhan $25() worth of oo.qmeu 1Dn wi1h any membc: of City sta~ BOIIda, CosnmissiOllSt Committees andfor Counci11llithin peat twelve (12Ymomhs? o Yes ~O Ifyes,pieaseindiea1cpcrson(S) ... • -+-________ _ NOTE: AHBch additional sheets'if nccessuy. Print or tYPe ~ of ownerft.pplieant"s agent Page2of2 • FrQl-OLDREPUBLIC~ +8585030231 T-675 P.OOl F-STJ Policy No; FTC J.187272 Order No: 2S~300~062-1. SCHEDULE A Amount of Insurance: $ 490 I 000 • Q 0 Date of Policy; September ~7th, 2003 at 4:20 p.m. Premium: $ 632 .95 "'I Name of Insured: BANK OF A'1ERICA, N.A. 2. The estate or interest referred to herein is at Date of Policy vested in: WILLIAM L. LAUER and 1?ATRICIA K. LAUER, husband and wife and JOSE1?H M. LAUER, a single man, as Tenants in common 3. The estate or interest in the land described in Schedule C and which is encumbered by the ll'\Sured mortgage is: a FEE. 4. The mortgage, herein referred to as the insured mortgage, and the assignments there:;>f, if any, are described as follows: Deed of Trust to secure an indebtedness of $ 490,000.00 Trustor/Borrower Trustee Beneficiary/Lender Da.ted Recorded Loan No Returned to Address: William L. Lauer, Fatricia K. Lauer and Joaeph M. Lauer 1?ru:.AP I INC. BANK OF AMERICA, N .A. I a National Banking Association September 12th, 20Q3 september 17th, 2003 in Official Records under Instrument Number 2003-114411E 6364265055 9000 SOUTHSIDE BLVD. ELDG 700, ~ASONVILLE FL 32256 Attention; Jacksonville Post Closing. File Receipt Dept. _ ... _ *_ . -.",..... """. An ... n., 03-03-2004 02:19pm rrcm-OLDREPUBLI~ +8585030231 T-675 P.003 F-87' Policy No. FTC 11B7272 SCHEDULE B Part I ihis policy does not: insure against loss or damage by reason of the following: ~. Taxes and assessrrsnts, general and special, for the fiscal year 2003-2004 a lien, hut not yet due or payable. Code NO. 09000 Assessor's Parcel No. ; 206-180-46-00 2. The lien of DUPplemental taxes, if any, assessed pursuant to the provisions of Section 75, et ee~ •• of the Revenue and Taxation Code of the state of california. 3. The recital ccntained on the map of said land relinquishing jurisdiction and con~rol over all pipes, po:es or other structures, or work, trees and anything of whateve~ nature that may be upon, across or over the highways offered for dedication. 4. The recital contained on the map of said land which agrees to allow the crossarma of poles or similar structures placed along the right of way of ce~tain highways to hang over the abutting land. 5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to : For Recorded : South Coast Land Company, a California Corporation Public utilities and pipe lines March 13th, 1~33 in Official Records, under Instrument Number sa NOTE: Said easement is blanket in nature a:r:.d Cat'.I'.ot be located of record. 6. The parcel map referred to in the legal description herein contains various restrictions in improvl~g or developing the property herein described. Note: Reference is made to said inst:r:ument for further particulars. 7 . Terms and provisions as contained in an instrument Entitled Executed by! Recorded Ag~eement 7reno Munoz and Shirley C. MUnoz and the City of carlsbad April 7th, 1989 in Official Records under Instrument Nurrber 89-183528 ____ . a_a. ft' 03-03-2004 02:20pm +8585030231 T-675 P.004 F-S71 Policy No. nc 11872'72 page 2 of Schedule :s Pa:rt I Note: Reference is maae to said instrument for further particulars. 8 • 'Xe:rms and provisions a:;; contained in an ins"t:rument: Entitled Executed by: Recorded Agreement The City of Carlsbad, '!;reno Munoz and Shirley C. Munoz July 21st, 1989 in Official Records under Instrument Number 89-386248 ~ote: Reference is rrade to said in5trume~t for f~her particulars. Pil~_3_al_6_p..p 03-03-2004 02:20pm from-OLDREPUBLI~ +SSBsoaOZ31 T-675 P.OOS/OIS f-S7'l Policy No. FTC 1187272 SCHEDULE B Part II In addition to the matters set forth in Part I of this Schedule, the title to said estate or interest in the land described or referred to in Schedule C is subject to the following matters, if any be shown, but th~ Company insures that such matters are subordinate to the charge of the Insured mortgage upon said estate or interest: NONE SHOWN' p~_4_of~PaFs 03-03-20Q4 02:20pm From-OLDREPUBLI~ +SS85030231 SCHEDULE C T-S75 P.OOS/OIS F-S71 Policy No. FTC 1187272 Pase ~ of schedule C The land referred to in this policy is situated in the County of State of California, and is described as follows: San Diego, City of carlsbad, Parce~ 1 of Parcel Map NO. l5756, in the City of Carlsbad, county of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, AUgust 7, 1989 as File No. 89-420235 of Official Records. 5 6 P._of_Pages · 03-0a-Z0Q4 OZ:20pm F rom-OLOI\£PUBL.. +8585030Z31 T-675 P.OO7l015 F-871 1"'~I1II_::r 25~3001.062-1. ENDORSEMENT Policy No: Fl'C l.l87272 Order NO: The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sustained by reason of: (1) The invalidity or unenforceability of the lien of the insured mortgage resulting from the provisions therein which provide for changes in the rate of interest. (2) Loss of priority of the Hen of the insured mortgage as security for the unpaid principal balance of the Joan, together with interest as changed in accordance with the provisions of the insured mongage, which loss of priority is caused by said changes in the rate of interest. HChanges in the rate of interest", as used in this endorsement, shall mea:-t only those changes in the rate cf interest calculated pursuant to the formula provided in the insured mortgage at Date of Policy. This endorsement does not insure against loss or damage based upon Ca} usury, or (b) any consumer credit protection or tnlth in lending law. This endorsement is made a part of d;e policy and is subject to all of the terms and provis;ons thereof and of any prior endorsements thereto, except that the insurance afforded by this endorsement is not subject to Section 3(d) of the Exclusions From Coverage. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it exr.end the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Cl.TAJ1Inn 111.1""' .• ~ 03-03-200,( 02:20pm From-OLDRE?UBL~ +8585030231 ~ T-S75 P.008/CI5 F-8n Schedule A Premium $ 1,820.00 file No. 2513001062-1 Policy No. FTY 447660 Date of Policy Septernbel:' 17th, 2003 at 4 :20 p.m. Arnount of Insurance $ 820,000.00 1. Name oflnsured: WIL!.IA'1 L. IAUER. and PATRICIA K. LAUER and J~SEpg M. LAT:ER 2. The estate or interest in 1he land which is covered by this policy is: a FEE. 3. Title to the estate or interest in the land is vested in: WILLI~ L. LAIJER and PATRICIA K. LAUER, husband and wife and JOSEPH M. LADER, a single man, as Tenants in common Schedule B EXCEPTIONS FROM COVERAGE This policy does not insure against Ios$ or damage (and the Company will not pay costsl attorneys' fees or expenses) which arise by reason of: PART I 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 !Jy a public agency which may result in taxes or assessmentsl or nctices of such proceedings, whether or not shown by the records of such agency 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 tfie land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, whiclt are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpater,ted mining claims; (b) reservations or exceptions in patents or in AdS authorizing the issuance thereof;. (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (0 are shown by the public records. Continued 03-03-2004 02:20pm Frcm-oLDREPUBL~ +8585030231 T-675 1'.0091015 F-87'l POlicy No. F'l'Y 447660 Schedule B (Continued) PART II 1. Taxes and assessrrents, general and special, for the fiscal year 2003-2004 a lien. but not yet due o~ payable. Code NO. Assessor's parcel No. 09000 206-180-46-00 2 • The lien of sw.pplemental taJCes, if any I assessed pursuant to the pro11'isions of Section 75, et seq., of the Rev~~ue and Taxation Code of the Sta~e of california. 3. The recital contained on the map of said land relinquishing jurisdiction and control over all pipes. poles or other structures. or work, trees a,a anything of whatever nature that may be upon, across or over the highways offered for dedication. 4. The recital contained on the reap of said land, which agrees to allow the crOssarms of poles or similar structures placed along the right of way of certain highways to hang o"J'er the abuttiIlg land. Sa An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded South Coast Land Company, a California Corporation Public utilities and pi~e lines March 13th, 1933 in Official Records, \L~er Instrument Number aa NOTE: Said easement is blanket in nature and carmot be located of recoJ:'d. 6. ~he parcel map referred to in the legal description herein contains various restrictions in improvling or developing the property herein described. Note; R.eference is made to said instrument for further particulars. 7. Terms and. provisions as contail:.ed in an instrument Entitled EJeecuted by; Recorded Agreement Tre~o Munoz and Shirley C. Munoz and the City of Carlsbad April 7th, 1989 in Official Records under Instrument Number 89-183528 Note! Reference is made to said instrument for further psu:ticulars. 03-03-Z004 OZ:llpm From-OLOREPUBL~ +8S8S030Z31 e T-6T5 P .010/015 F-8il POlicy No. F'XY 447660 Page 2 of Schedule B Part PART 11 (Continued) B. Terms and. provisions as contained in an ir.strmnent Entitled Executed by: Agreement The City of carlsbad, Treno Munoz and Shirley C. Munoz Recorded : July 21st, ~~B9 in Official Records under Instrument Number 89-386248 Note: Reference is rrade to said instrument for further particulars. 9. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the teres thereof, Amount Trustor/Borrower Trustee Beneficiary/Lender Dated Recorded Loan N!:l Returned to Address: a.TA!!IIIrIdiv.t ~ ·1110 $490,000.00 William L. Lauer, Patricia K. Lauer and ~oseph M. Lauer PRLAP, INC . BANK OF AMERICA, N .A., a National BankiIl9 Association September 12th. 2003 September 17th, 2003 in Official Records under Instrument Number 2003-1144118 6364265055 9000 SOUTHSIDE BLVD. ELDG 700, JACKSONVILLE FL 32256 Attention: Jacksonville Post Closing, File Receipt Dept. II 03-0a-Z004 02:Z1pm Frcm-OLOREPUBLI~ +SSS5030Z31 Schedule C T-S75 P.OI1/015 F-STI Po~icy No. FTY 447660 page 1 of Schedule C The land referred to in this policy is situated In the County of San Diego, City of Carlsbad, State of California, and is described as follows: Farcel 1 of Parcel Map No. 15756, in the City of Ca~lsbad, County of San Diego, State of California, filed in the Office of the Ccunty Recorder of San Diego County, August 7, 1989 as Pile No. 89-420235 of Official Records. p.--.!... of_4_Pap$ a.TA~ CIMnIQO. ,''' 03-03-2~04 02:21pm F rOIl'"OLDREPUBL tit Order No.: 25~300l052-l policy No.: FTY 447660 Policy AmountS 820 1 000 .00 SCHEDULE A T-575 P.01Z/015 F-S71 Premium: $ ~ I 820.00 Polie'l Date rand Tunel: September l7th, 2003 at 4:20 p.m. Dedua.lble Amounts and Maximum Dollar Limlts of Uabllity For Cove"ed Risk 14, 15. 16 and 18: COlored RiSk 14: Covered Risk 15: Covered Risk 16: Covered RiSk 18: Street AddrBliS of the Land: 1. Nama of insured: Your Deductible Amount 1.00% of Policy AmOunt or $2,soo.uo (whichever is IEISS) 1.000,", Of Policy Amount or $5,000.00 (whichever Is less) 1.00% of Policy Amount or $5,000.00 (whichever Is less) 1.00% of policy Amount or $2,500.00 (whichever Is less) 2. Your Interest in the Land covered Cy this Pol rry Is: a FEE. 3. The land referred to in thls Pol cy is descrlbad as: Our Maxlmum Oollar Umit of liabllty $10,DOD.00 $25,000.00 $25,000.00 $5,000.00 SEE EXHIBIT 'A I A'!'TACHED c:.a fOIm 1 UI6 • CLTA u---. PoIiq olTWalDa1lrauco t6/2m8) 03-03-2004 02 :21 pm From-OLDREPUBL tit The land referred to in this policy is described as: +8385030231 ~ T-S75 P.OI3/015 F-Sil E1XHIBIT'A' Order No.: 2513001062-1 Policy No. FTY 447660 Eage 1 of Exhibit A The land referred to is sit~ated in the State of California, County of San Diego, City of Carl abad , and is described as follows: Parcel 1 of Parcel M~p NO. 15756, in the City of carlsbad. County of San Diego. State of California, filed in the Office of the county Recorder of san Diego County, August 7, 1989 as File No. 89-420235 of Official Records. OS-03-z~n4 OZ:Zlpm Frcm-OLDREPU6L~ SCHEDULES Exceptions +asa5D3D231 ~ T-675 P.014/D15 F-Srl Qrder No.: 2513001062-1 policy No. FTY 447660 Page 1 of Schedule B tn addition to the ExclusIons. You are not insured against loss. costs, anomays' feas, and expenses resulting from: 1. Taxes and assessments, general and special, for ehe fiscal year 20Q3-2004 a li~, but not yet due or payable. Code NO'. Assessor's Parcel No. 09000 206-180-46-00 2 . The lien of supplemental taxes, if any 1 assessed pursuant ~o the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. 3. The recital contained on the map of said land relinq;uishing jurisdiction and control over all pipes, poles or other structures, or work, trees and anything of whatever nature that may be upon, across or over the highways offered for dedication. 4. The recital contained on the map of said land which agrees to allow the cross arms of poles or siroilar structures placed along the right of ~~y of certain highways to hang over the ~utting land. 5 • An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded South Coast Land Co~any, a California corporation Public utilities and pipe lines March 13th, 1933 in Official Records, under Instrument Number 88 NOTE: Said easement is blanket in nature and cannot be located of record. 6. The parcel map refer:red to in elle legal description hel:"ein contains various restrictions in improvling or developing the property herein described. Note: Refe:-ence is made to said instrument for furthex-particulars. PlIge_3_of~Pages CWIfr~ 1116 .CLTAH~po1qarTidow-~ . . 03-0:-2004 02:21pm FrOm-OLOREPUBL~ +8585030231 T-675 P.OI5/015 F-87'1 Order No.: 25l300~062-l policy No. FTY 447660 page 2 of Schedule B 7. Terms and. provisions as contained in an instrument Entitled Executed by = Recorded Agreement 'Ireno Munoz and Shirley C. Munoz and the City of Carlsbad April 7th, 1599 in Official Records under Instrument Number 89-~a3528 ~ote = Reference is made to said instrument foX' further particulars. B. Tentls;:u:d provisions as conta.ined in an instrument Entitled £xecuted by: Agreement Recorded 'the City of carlsbad, Treno Munoz and Shirley C. Munoz July 2lst, 1389 in Official Records under Instrument Number 89-.386248 Note: Refe:rence is made to said instrument for further particulars. 9. Deed of T:rust to secure an indebtedness of the amount stated below ~d any other amounts payable under the te:rms thereof, JI.m.Ount Trustor/Borrower Trustee Beneficiary/~ender : Dated : Recorded Loan No Returneo. to Address: ~ .... " ,., ,," ? $490,000.00 William L. Lauer. Patricia~. Lauer and Joseph M. Lauer PRLAP, INC. BANK OF AMERICA. N.A., a National Banking Association September 12th, 2003 September l7th, 2003 in Official Records under Instrument Number 2003-1144118 6364265055 9000 SOUTHSIDE BLVD. BLDG 700, ~ONVILLE FL 32256 Attention: Jacksonville post Cloe1ng. File Receipt Dept. LOCATION MAP RESIDENCE 4379 HIGHLAND DRIVE sa "G FRWY PASCO ENGINEERING (858) 259-8212 535 N. HWY 101. 5TE. A SOLANA BEAC~ CA 92075