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Home My WebLink AboutCDP 04-15; Shepard Second Dwelling Unit; Coastal Development Permit (CDP) (2)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 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 • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Pian • Hillside Development Permit • Tontativo Parcol Map 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) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: lr7^fty> <o«.^ /n\A /iA/V>^..^ r~i.v|l 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) MAILING ADDRESS \ ^0 it4) MAILING ADDRESS CITY AND STATE ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. CITY AND STATE iT ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE DATE ' 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 Rev. 05/03 PAGE 1 OF 2 8) LOCATION OF PROJECT ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) STREET ADDRESS i SIDE OF (NAME OF STREET) AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) GROSS SITE ACREAGE 22) EXISTING ZONING / 02 ^37 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 1 5) PROPOSED COMM SQUARE FOOTAGE 1 8) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION • \\DOOO f^HO ooo Jul 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVFn APR 0 7 2m CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 Rev. 05/03 PAGE 2 OF ? Ct City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: WORTHING BROOKS Description CDP04015 Amount 8 . 88 Receipt Nuti±)er: R0041859 Transaction Date: 04/22/2004 Pay Type Method Description Amount Payment Credit Crd VISA 8.88 Transaction Amount: 8.88 0529 04/22 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: WORTHING BROOKS Description CDP04015 Amount 585.00 9448 04/07./04 0002 01 02 CC3F" 585 "00 Receipt Number: R0041518 Transaction Date: 04/07/2004 Pay Type Method Description Amount Payment Credit Crd VISA 585.00 Transaction Amount: 585.00 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: ^hem^d (c^/^ / ^l^/cl plA/ei1lh$j APPLICANT NAME: '^^&>V.^ |jlb</(j^)n^ Please describe fully the proposed project by application type. Incluae any oetails necessary to adequately explain the scope and/or operation of the proposed proiect You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addenaum sheei if necessary. Description/Explanation: SCREENING OF EOl,TPME>rr: Exienor components of pluming, processing, hcaung. coolmg. and venniatir.c sysierr.j (includmg but not limited to piping, tanks, stacks, collectors, heatmg. coolmg. and ventilating equipmeni fans, blowers, ductwork, vents, louver, meters, compressor, motors, incineraiors, ovens, etc....) shall not be directly \'isiblc finm a height of five feet above any ground or ground floor elevation at a distance closer than 500 feet from the closest building wall on any lot. Please provide a display of proper screcmng matenal and/ or parapet wall on site plan. See example beiow. EXAMPLE OF SCREENING MATERIAL DISPLAY: tvCUESTj L»«- la. 1 fKf- Eieaas Citv of Carlsbad Planning Department DISCLOSURE STATE.ME.NT I.-^ppiicant's statement or disclosure of ccnain owTiership interests on all applications \\n\zT. \\\\\ reoLiirc I (iiscreiionars action on the pan of the Cit>- Council or an>' appomied Board. Comn::5jion o- Con'.rr',:::ec Tne following mformauon MUST be disclosed at the time of apphcation submina'.. ^'our proi^c. j^r.r.o: be reviewed until this information is completed. Please pnni. Note: Person is defmed as "Any individual, firm, co-parmership. joint venture, associanon. social club, iraiemal organization, corporauon. estate, trust, receiver, syndicate, in this and any other county, city and county, cin municipahr.'. distnct or other pohtical 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 propert)- 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 comoration or parmership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10°/o 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 Title Corp/Pan Title ^re^\6e>t\V Address A. Addgf \oM ^MWifyid ^ ^^/e ONVNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of .ALL persons having any ownership interest in the propeny involved. Also, provide the nature of the legal ownership (i.c, parmership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or parmership. 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 ^m<l^ 4-4^^(1 Title osPmr ^ ~ Address '^BP>I j/VAtrl I> Address. Corp/Pan. Title .NON-PROFIT ORG.ANIZ.ATION OR TRUST If any person identified pursuant to (I) or (2) above is a nonprofit oreznizanor o- - r-j.v names and addresses of ANY person serving as an cff.cer or director of '..-v: r..^:- orsanization or as trustee or beneilciar. ofthe Non ProfnTrj5i_ Title Non Profii 1 Title .Address .Address Have you had more than S250 worth of business transacted with any member of City .suf: Boards. Commissions. Committees and or Council withm the past rvveive (12) months ' • ves QNO If yes, please indicate personls) NOTE: .Attach additional sheets if necessary. I cenify' that all the a'pove information is true and correct to the best of my knowledge Signature of ov\Tier/date 1 Signamre of ap Pnnt or type name of owner Pnnt or type name of applicant Signature of owner/applicant's agent if applicable/date Pnnt or type name of owner/applicant's agent CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR) COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL DEVELOPMENT PERMITS This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. **Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout. A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Plarmed Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 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 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 Intemational Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the detennination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). => New Residential Square Footage: ^ ^ <0 ^7 square feet x $78.00/sq. ft. = $ ^iPp^^. ^ Residential Addition Square Footage: square feet x S94.00/sq. ft. = $ Any Garage Square Footage: square feet x $22.00/sq. ft. = $_ Residential Conversion Square Footage: square feet x $26.00/sq. ft. = $_ te .4-74 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: $ ^C£> ^{tf>0> • ••••••••••••••••••••••••••••••••••••••• Form 13 Revised 01/04 Page 1 of 7 B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) 2. A Regular Coastal Development Permit ($60,000 or more) c. D. F. Street address of proposed development ?^|.Hv^^lW/A Wi^ Assessor's ParcerNumber of proposed development E. Development Description: Briefly describe proiect: (^0WO\/e (^"^M^^V^^ bald NieiAi OtTA^e^ ' d du^h t Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North:. South:. East: West: G. Is project located within a lOO-year flood plain? II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? If yes, please describe. •ves No Yes • No B. Will any existing structure be removed/demolished? Yes • 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 Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existing 2fZOjLsq. ft. /3^.^59SQ. ft. ^^/sq.ft. Q sq. ft. New Proposed Total '^O^ sq. ft. 2-?^7sq. ft. 7 X - "Z-O Q? sq. ft. / 5^2.^3sq. ft. O sq. ft. sq. ft. .sq. ft-_0 sq. ft. • ••••••••••••••••••••••••••••••••••••••• Form 13 Revised 01/04 Page 2 of 7 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: 3 1. 2. 3. 4. 5. 6. Amount of cut. Amount of fill Maximum height of fill slope. Maximum height of cut slope. Amount of import or export _ Location of borrow or disposal site. nYes#_ • Yes#_ • Yes ^1 0^0 [3NO [3 No cu. yds. cu. yds. feet feet cu. yds. Form 13 • •••••••••••••••••• Revised 01/04 Page 3 of7 The following materials shall be submitted for each application or for combined applications on a single project. I. REOUIRED PLANS (All reauired plans shall be collated into complete sets, stapled together, then folded to 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 Regular Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. GENERAL INFORMATION l^a. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land plaimer who prepared the maps/plans. 0b. Location, size and use of all easements. I Ic. 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. |2d. Distance between buildings and/or structures. I le. Building setbacks (front, rear and sides). I If Location, height and materials of walls and fences. —Qg. Dimensions/location of signs. Qh. A summary table of the following (if applicable to the application): •d) •(2) Site acreage. 0,3-7 czc, / rr?/ r\ •(3) Existing Zone, and Land Use Designation. /O, 00 O / Ri-M •(4) Proposed land use. j^L^i^ •(5) Total building coverage. 'Z-'=\0~) 9a c FT • [11(6) Percent of site to be landscaped. 2> "2- "/^ / 1111(7) Number of parking spaces required/provided. ^ / / I l(S) Siqunra Foiiitftijw of opm ui iMui.iiliiiii.il"'!'^e (if applicable). r~lfQ) r>iiliii riinl'iiiMiiFstor^gesn^9prifpnlicahle1. -Qt. All applicable Fire Suppression Zones as required by the City's Landscape Manual. 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 ^ity Planning and Engineering Department representative for a detemiination on any grading plan gestechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: I ll. 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 a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out fi-om the site to adequately show the adjacent floodplain (if applicable). I I2. Earthwork volumes: cut, fill, import and export. I |3. Spot elevations at the comers of each pad. I I4. Method of draining each lot. Include a typical cross section taken parallel to the fi-ontage for lots with less than standard frontage. I Is. 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. I 16. 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 01/04 Page 4 of 7 BUILDING ELEVATIONS AND FLOOR PLANS - Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Regular Coastal Development Pemiit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: Location and size of storage areas. All buildings, structures, wall and/or fences, signs and exterior lights. Existing and proposed construction. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). D. COLORED SITE PLAN AND ELEVATION PLAN - Not required with first submittal. 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 Plarming Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. IL REOUIRED DOCUMENTS AND SUBMITTAL ITEMS 1 IA. A completed Land Use Review Application Form. QB. Completed Coastal Development Pemiit Application. 1 Ic. Environmental Impact Assessment Part 1 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. I ID. Disclosure Statement. 1 1E. TWO (2) copies of the Preliminary Titie Report (current within the last six (6) months). QF. Completed "Project Description/Explanation" sheet. I IG. Property Owner's List and Addressed 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 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 fi-om 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 UNACCEPTABLE ACCEPTABLE Mrs. Jane Smitii Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt. #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92009 Form 13 Revised 01/04 Page 5 of 7 600'^B3mus Map: A map to scale not less than 1"=200' showing each lot within 600^ exterior boundaries of tiie 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 Plaiming Director if the required scale is impractical. 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. ^ SPECIFIC PROJECT REQUIREMENTS - (May apply to single fSiiilyrrggnlaranrmmor coastal development permits). Coastal Overlay Zones require additional information to be submitted as follows: (refer to the Municipal Code for a full description): oastal Agriculture Overlay Zone 1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. fal Resource Protection Overlay Zone Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the Carlsbad Municipal Code. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(B)(1) ofthe Carlsbad Municipal Code, if project is located along the first row of lots bordering Buena Vista Lagoon including the Lagoon mouth. 3. Topographic, drainage and wetiand mapping subject to Subsections 21.203.040(B)(2)(a) and (b) of tiie Carisbad Municipal Code if located east of Interstate 5 in the Batiquitos Lagoon watershed. 4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along El Camino Real immediately upstream of existing storm drains. 5. Geologic report addressing landslides and slope stability subject to Subsection 21.203.040(B)(4) of tiie Carlsbad Municipal Code. 6. Geologic report addressing land slides and seismic hazards subject to Subsection 21.203.040(C) and (D) ofthe Carlsbad Municipal Code. ^oastal Shoreline Development Overlay Zone Geotechnical report subject to 21.204.110 if project is located adjacent to an existing seabluff edge between the sea and the first public road parallel to the sea; also may be required by Planning Director if deemed necessary consistent with Section 21.204.110 of the Carlsbad Municipal Code. 2. Show all structures and decks on adjacent north and south properties to perform "stringline" test subject to Subsection 21.204.050(B) of the Carlsbad Mimicipal Code. 3. Unless otherwise submitted project in this zone must also be submitted with plans showing: a. Boundaries and topography b. Existing and proposed structures c. Circulation d. Drainage e. Finished topography f Landscaping oastal Resource Overlay Zone Mello I LCP Segment 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershed. Form 13 Revised 01/04 Page 6 of 7 IV. 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 ofthe 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 13 Revised 01 /04 Page 7 of 7 CITY OF CARLSBAD - AFFIDAVIT OF COMPLIANCE FOR A SECOND DWELLING UNIT Instructions to Property Owner (Affiant): Please type or print complete and accurate answers in all blank spaces in Section I. Please read carefully, particularly Section II. Please read, sign and date Section III indicating that you understand and agree with the conditions of compliance. SECTION I - INFORMATION Property ovraer(s): Name(s) Property Address: """(^\^hA.; ci^ ^7€os City State Zip Code Assessor Parcel No. Subdivision: / or 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 dwelhng 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 Ovmer(s) listed above hereby certifies that he/she owns the above referenced property, as of the date of this affidavit, and to his/her belief and knowledge, there are no conditions, covenants or restrictions on the property prohibiting a second dwelling unit apartment. 3. The Property Owner(s) agrees to the following terms and conditions: FRM0006 6/03 PAGE 1 OF 2 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 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, unless a lessee leases both the main dwelling unit and the second dwelling unit. c. The Second Dwelling Unit may only be rented and shall not be sold separately from the main dwelling unit, unless the lot on which such units are located is subdivided. d. The Property Owner(s) agree to rent the Second Dwelling Unit at a monthly rental rate which shall not exceed an amount equal to 30% of the gross monthly income of a low- income household, adjusted for household size, at 80% of the San Diego County median income. e. A copy of this agreement and Affidavit must be given by the Property Owner(s) to prospective purchasers of the property prior to entering into a sales contract for said property. SECTION III - 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 goveming the Second Dwelling Unit. BY: Property Qwner Owner's Telephone Number(s): ( BY: X n\(JAJ^^J7-^y^J Date Home Office FRM0006 6/03 PAGE 2 OF 2 (D CHICAGO TITLE COMPANY PRELIMINARY REPORT Reference: SHEPARD Dated as of: March 19,2004 at 7:30 AM Order No.: 43040284 - U50 Regarding: 3881 HIGHLAND CARLSBAD, CA CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies ofthe Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth In the attached list 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 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 POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westerndivision.ctt.com Title Department: CHICAGO TITLE COMPANY 925"B" STREET SAN DIEGO, CA 92101 (619)544-6233 fax:(619)544-6279 ® Tom Votel / Ken Cyr TITLE OFFICER PFP ~08/05/99bk ^ SCHEDULE A Order No: 43040284 U50 Your Ref: SHEPARD 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: JAMES A SHEPARD AND MARILYN J. SHEPARD, HUSBAND AND WIFE AS JOINT TENANTS 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: THAT PORTION OF TRACT NO. 241 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID TRACT, RUNNING THENCE NORTH 28°39'30" WEST ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID TRACT A DISTANCE OF 194.00 FEET TO A POINT; THENCE SOUTH 61°21'00" WEST A DISTANCE OF 135.80 FEET TO A POINT IN THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO CARL DUSTAN SCHLEGEL, ET UX, RECORDED IN BOOK 1442, PAGE 208 OF DEEDS; THENCE SOUTH 2 8°29'00" EAST ALONG THE NORTHEASTERLY LINE OF SAID SCHLEGEL'S LAND A DISTANCE OF 194.00 FEET TO A POINT IN THE SOUTHEASTERLY BOUNDARY LINE OF SAID TRACT 241; THENCE NORTH 61"21'00" EAST ALONG SAID SOUTHEASTERLY BOUNDARY LINE OF 135.80 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEASTERLY 75.00 FEET THEREOF. APN: 205-450-43 PREA -10/31/97bk Page 1 Order No: 43040284 U50 SCHEDULE B Your Ref: SHEPARD At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2004-2005 THAT ARE A LIEN NOT YET DUE. B 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. c 3 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: JANUARY 3, 1991 CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND JAMES SHEPARD AND MARILYN SHEPARD JANUARY 30, 1991 AS FILE NO. 91-0042682 OF OFFICIAL RECORDS. COVENANTS OF IMPROVEMENTS REQUIREMENTS RECORDED: REGARDING: REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 4. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", DATED JANUARY 3, 1991 EXECUTED BY JAMES SHEPARD AND MARILYN SHEPARD AND CITY OF CARLSBAD, StJBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JANUARY 30, 1991 AS FILE NO. 91-0042683 OF OFFICIAL RECORDS. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $145,000.00 NOVEMBER 23, 1992 JAMES A. SHEPARD AND MARILYN J. SHEPARD, WHO ARE MARRIED TO EACH OTHER EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION DECEMBER 7, 1992 AS FILE NO. 1992-0781696 OF OFFICIAL RECORDS 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: $187,000.00 JANUARY 24, 2004 JAMES A. SHEPARD AND MARILYN J. SHEPARD, HUSBAND AND WIFE AS JOINT TENANTS SOUTHLAND TITLE CALIFORNIA CORPORATION PREB -10/31/97bK Page 2 Order No: 43040284 U50 SCHEDULE B (continued) Your Ref: SHEPARD RECORDED: FEBRUARY 2, 2004 AS FILE NO. 2004-0079402 OF OFFICIAL RECORDS. 7. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. END OF SCHEDULE B NOTE NO. 1: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCtJMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAITO, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: JAMES A. SHEPARD AND MARILYN J. WIFE AS JOINT TENANTS SHEPARD, HUSBAND AND (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BtTT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. INFORMATION PURPOSES THE AMOUNTS ARE: FOR FISCAL YEAR: 1ST INSTALLMENT: 2ND INSTALLMENT: EXEMPTION: CODE AREA: ASSESSMENT NO: KJ 2003-2004 $943.17 $943.17 $7,000.00 09000 205-430-43 PRELIM8C-9/23/93bk I JO I ZP-50Z VaS - 3oqpB ZSZOfO£f a 9 ff f :E 3:: _ s C9ISJ COCO (O r Ol 2 a r' 51 ;o3:a3-j o »v> . ^ -. Z £3 O rf tee€ 73 IZ-*f «> 7> rzlT! SB »-zrte o o FPI Sep H 10:47:52 2001 W W CHICAGO TITLE INSURANCE COMPANY Fidelitv National Financial Group of Companies' Privacv Statement July 1,2001 We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and state privacy laws. We believe that mal<ing you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we sen/e. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRIVACYT- 10/21/03AA LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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 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 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 excluded by (a) above, except to the extent that a notice ot 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 for value without l^nowledge 3. Defects, liens, encumbrances, adverse claims 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 claimant and not disclosed in writing to the 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 claimant; (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 claimant had paid value for the insured mortgage or 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 of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE — SCHEDULE B, PART I 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 Proceedings by a public agency which may result in taxes or assessments, or notices 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 the lanu 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, encroachments, or any other facts 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. Reorder Form No 12699 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions In Schedule 8, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The 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 Policy Date and is binding on you if you bought 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 pMblic records • that result in no loss to you • that first affect 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 tor 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 exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an Interest in your land by reason of: A. Easements not shown In the public records B. Boundary disputes not shown In the public records C. Improvements owned by your neighbor placed on your land. 2. If, in addition to a single family residence, your exisfing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not Insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to Its original use. if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OFTITLE INSURANCE (5/98) 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 government regulation.This Includes ordinances, laws and regulations concerning: a. building c. Land use e. Land division b. zoning d. Improvements on the Land f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters If notice of the 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 failure of Your existing structures, or any part of them, to be constructed 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 the Policy 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 of the 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 Policy 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 forYourTitle. 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 watenways that l#iw?h the Land. This Exclusion does not limit the coverapntiescribed In Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company wiil 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 (1) 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 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 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 for value without knowledge. 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, 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 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 to 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 if the insured claimant had paid value for the insured mortgage. 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 statutory lien for services, labor or materials (or the claim or 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 contracted 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 of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating 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 (iii) 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 creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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. Proceedings by a public agency which may result In taxes or assessments, or notices 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 the land or by making Inquiry of 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, encroachments, or any other facts 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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) 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 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 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 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 for value without knowledge. 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 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 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; 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 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 bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy 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 creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy wilt also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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. Proceedings by a public agency which may result in taxes or assessments, or notices 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 the land or by making inquiry of 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, encroachments, or any other facts 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. STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (8-03) Lead Agency: / County //state Agency of Filing: Date: Document No 239799 Project Applicant Address: V^^'Z) ^C^rCtaaV Phol C^u^Ur:(^03-^6>JV Project Applicant (check appropriate box): -Cor Agenc^,j^SJ^ School District Other Special District |^ State Agency Private Entity |^ CHECK APPLICABLE FEES: ) Environmental Impact Report ) Negative Declaration ) Application Fee Water Diversion (Sfafe Water Resources Control Board Only) ) Projects Subject to Certified Regulatory Programs ( ) Cpanty Administrative Fee ^^^roject that is exempt from fees $850.00 $ $1,250.00 $ $850.00 $ $850.00 $ $25.00 $ Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB PINK-LEAD AGENCY NOTICE OF EXEMPTION I- ' : |: I n y J » i To: Office of Planning 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 Hernandez, Room 260 1600 Pacific Highway SanDiego CA 92101 Subject: Filing of this Notice of Exemption is in comphance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Title: CDP 04-15 - Shepard Second Dwelling Project Location - Specific: 3881 Highland Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Second Dwelling Unit Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: City of Carlsbad Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Avenue. Carlsbad, CA 92008 Applicant's Telephone Number: (760)602-4624 Exempt Status: {Check One) Ministerial (Section 21080(b)(1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: 15303(a) Statutory Exemptions - State code number: Reasons why project is exempt: Construction of a second dwelling unit Lead Agency Contact Person: Chris Sexton Telephone: (760) 602-4624 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? MICHAEL J. HOLZMIEfcER, Plaiirling Director Date Signed by Lead Agency I I Signed by Applicant Revised December 2001 NOTICE OF EXEMPTION ^ //- t To: Office ofPlanning and Research From: CITY OF CARLSB^ ''""'W'VG orp/sftTME.Nr P.O. Box 3044 Planning DepartmeWi^ City ot V Sacramento, CA 95812 fc* fl H fp^635 Faraday Avenii^^ ^^ssad [P U [L Ls Li=itarlsbad CA 92008 \v:'>, .r-y CountyClerk Grego^/J. Smah, Recorder/County ClerJ^^^,^ ^^,2-4600 ' County of San Diego ^4/\Y 2 4 7 004 ^ Attn: Karen Hemandez, Room 260 A>>P 1600 Pacific Highway pv C/l ff SanDiego CA 92101 " DfPu"^/ 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 04-15 - Shepard Second Dwelling Project Location - Specific: 3881 Highland Project Location - City: Carlsbad Project Location - Countv: SanDiego Description of Project: Second Dwelling Unit Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: City of Carlsbad Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Avenue. Carlsbad. CA 92008 Applicant's Telephone Number: (760)602-4624 Exempt Status: (Check One) Ministerial (Section 21080(b)(1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: 15303(a) Statutory Exemptions - State code number: Reasons why project is exempt: Construction of a second dwelling unit Lead Agency Contact Person: Chris Sexton Telephone: (760) 602-4624 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? MICHAEL J. HOLZMIEtER, PlaiMng Director ' Date j-^U.i 'iN if-if: OrFiCt Or Inf COuMFV CLERK Signed by Lead Agency i ; -• onn;,'^i i I I Signed by Applicant ; : ' Pnvn.%H -^^^ 2 3 ?Ofl^ Revised December 2001 NOTICE OF EXEMPTION To: Office ofPlanning and Research From; CITY OF CARLSBAD PMNMWG DfPARTMEN[ P.O. Box 3044 Planning Department Cify Of Sacramento, CA 95812 PP FI fl rR^635 Faraday Avenue LF y , LL E 171, Carlsbad Jarlsbad CA 92008 County Clerk ^^^^o^ J- Sr„!h, Rocorder/Comty Oe,^^^^^ ^^2-4600 County of San Diego |^/\Y 2 4 9004 Attn: Karen Hemandez, Room 260 VINP 1600 Pacific Highway pv C/i ff 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 04-15 - Shepard Second Dwelling Project Location - Specific: 3881 Highland Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Second Dwelling Unit Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: City of Carlsbad Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Avenue. Carlsbad. CA 92008 Applicant's Telephone Number: (760) 602-4624 Exempt Status: {Check One) Ministerial (Section 21080(b)(1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: 15303(a) Statutory Exemptions - State code number: Reasons why project is exempt: Construction of a second dwelling unit Lead Agency Contact Person: Chris Sexton Telephone: (760) 602-4624 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? MICHAEL J. HOLZMIEtER, Planning Director FILED IN THE OFFICE OF THE COUNTY CLERK Signed by Lead Agency San Diego County on N Signed by Applicant Posted MAY 2 4 200^ Removed 7^^ ^lOOT Returned fo auenoi on 2 S 2m ~ ^ V . Revised December 2001 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1 200 Carlsbad Village Drive Carlsbad, California 92008-1989 TIORIGINAL OF THIS DOCUHENT yftS RECORDED ON JUN 23, 2004 DOCUMENT NUMIR 2004-0586592 GREGORY J. SMITH, COUNTY RECORDER SAH DIEGO COUNTY RECORDER'S OFFICE TIHE: 4:18 PM Space above this line for Recorder's use Assessor's Parcel Number 205-430-43 Project Number and Name CDP 04-15 - SHEPARD SECOND DWELLING UNIT NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Lot 43 of Carlsbad Tract No. 241, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915. is restricted by a Coastal Development Permit No. CDP 04-15 and issued by the City of Carlsbad on May 17, 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. Rev. 06/04/96 OWNER: 7V-f^j\ Owner's Name a gnature Print name and title Signature Print name and title Date / / CITY OF CARLSBAD MICHAEL J. HOLZMILtfeR, Planning Director Date 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, ttie partnersfiip must attacfi a statement of partnership authorizing the partner to execute this instrument). Rev. 06/04/96 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On jTVr^l 2t> before me, Notary Public, personally appeared ^ .J^tv\^ A ^jkhJ^ ^ ^ I I personally known to me - or [3 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fs/are subscribed to the within instrument and acknowledged to me that hie/sfee/they executed the same in h^/h^r/their authorized capacity(ies), and that by l>is/lser/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C^Fi:::iAi. SEAL O.'NREtv! VASS Aft-' P'JBLlC-CALiroftf^lAi . ,=- -'5.' / SAN DIHGO COUNTY t MV CO^vtM. EXP NOV 3 TSXAl Rev. 06/04/96 City of Carlsbad Planning Department Document Recordation Transmittal ROUTED TO INITIALS DATE SENT DATE RECEIVED DX] Planning Department c • City Attomey's Retum Planning Dept. ^ City Clerk 1-/9-0'//')' FROM: Michele Masterson/Sexton U3 2004 'Cpc^c^xp^ REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO. CDP 04-15 PROJECT NAME: Shepard Second Dwelling Unit INSTRUCTIONS: City Attomey: Please obtain City Attomey signature on the attached agreement(s). City Clerk: Please process for recordation. Recording fees are to be charged to the City in accordance with the standard letter agreement with the Recorder's Office. Please retum a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: ATTACHMENTS: 1^ NOTICE OF RESTRICTION • OTHER: c: File Citv of Carlsbad Planning Department ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR A SECOND DWELLING UNIT NOTICE OF PENDING DECISION DATE: April 23, 2004 Application Number: CDP 04-15 - SHEPARD SECOND DWELLING UNIT Project Description: Request to construct a second dwelling unit above a two-car garage. Location: 3881 Highland Drive APN: 205-430-43 The proposed development is located within the City of Carlsbad's Coastal Zone. No formal public hearing is required for this application. However, written comments on this application may be submitted to the City. The Planning Director will make a decision on this application 15 working days after the date of this notice. Written comments to this proposed development should be addressed to the Planning Director, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concems regarding this application please contact Chris Sexton, at the City of Carlsbad Planning Department, (760) 602-4624, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW May 12,2004 TO: Chris Sexton - Planning Technician FROI\/l: Joanne Juchniewicz - Engineering Technician COIWPLETENESS REVIEW PROJECT ID: CDP 04-15 - SHEPHARD SECOND DWELLING UNIT The Engineering Department has completed its review of the above referenced project. Engineering staff does not have any comments to add to the project. Please add the following conditions of approval to the approving resolution: 1. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 2. Prior to the issuance of a building permit, the applicant shall submit an erosion control plan. The plan shall be incorporated into the approved building plans. The erosion control plan is subject to the City Engineer's approval. 3. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. If you or the applicant has any questions regarding the above, please either see or call me at extension 2775. _ Juchniewicz ^"EngllTeering Technician - Development Services Division HALIBRAR-AENGWPDATAMMISaCOMPREV CARLSBAD FIRE DEPARTMENT Fire Protection Services PROJECT CONDITION REPORT PROJECT NAME: Shepard 2"'^ dwelling Chris Sexton Date: 04/20/04 Projectnumber: Planning CDP04-15 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 Memorandum TO: Planning Technician II, Chris Sexton FROM: Engineering Technician II, Joanne Juchniewicz DATE: April 20, 2004 CDP 04-15: SHEPARD SECOND DWELLING UNIT ISSUES REVIEW Engineering Department staff has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Show slopes. 2. Show existing and proposed topography. Give spot elevations across site and finished floor elevation for the proposed new garage. 3. Show right-of-way width. 4. Show existing street improvements. 5. Show driveway approach(s). 6. Show sewer & water laterals to site and how second dwelling unit will be serviced. (There is a Future Improvement Agreement & a Hold Harmless Drainage Agreement recorded on this lot) JOANNE JUCHNIEWICZ Engineering Technician Development Services b tfc.-j ii-a Citv of Carlsbad Planning Department May 17, 2004 Brooks Worthing PO Box 1041 Carlsbad CA 92018 SUBJECT: CDP 04-15 - SHEPARD SECOND DWELLING UNIT Please find enclosed a notice of restriction that need to be signed and notarized. This is to fulfill a condition of approval of the Coastal Development Permit. Please be sure to pay particular attention to the signature instructions at the bottom of the signature page. Ifyou have any questions regarding the above, please give me a call at (760) 602-4624. Sincerely, CHRIS SEXTON Planning Technician II Enclosure CS:mh a \ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION May 17, 2004 Brooks Worthing PO Box 1041 Carlsbad, CA 92018 SUBJECT: CDP 04-15 - SHEPARD SECOND DWELLING The City has completed a review of the application for a Minor Coastal Development Permit for development located at 3881 Highland Drive. It is the Planning Director's determination that the project CDP No. 04-15 - Shepard Second Dwelling, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that no coastal resources or opportunities for coastal access are available from the subject site. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for residential uses. 5. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 6. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) ofthe Carlsbad Coastal Development Regulations. 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CDP 04-15 - SHEPARD SECOND DWELLING May 17, 2004 Paqe 2 the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The subject site is located in the Coastal Resource Protection Overlay Zone, however, the proposed development (564 square feet of living area) is not encroaching into slopes of twenty-five percent inclination and/or vegetation and therefore additional submittals, standards or requirements do not apply. The project does not require a grading permit. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 04-15, for the project entitled "Shepard Second Dwelling" (Exhibits A-H), dated May 17, 2004, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition ali certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this CDP 04-15. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. CDP 04-15 - SHEPARD SECOND DWELLING May 17, 2004 Paqe 3 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary. In connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 7. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carisbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carisbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 9. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carisbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 11. Prior to issuance of any building permit. Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 12. Prior to issuance of a building permit, the applicant shall submit an erosion control plan. The plan shall be incorporated into the approved building plans. The erosion control plan is subject to the City Engineer's approval. CDP 04-15 - SHEPARD^ECOND DWELLING May 17, 2004 Page 4 Fees/Agreements 13. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carisbad Municipal Code, respectively. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carisbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD MICHAEL ^:'HOL':?MILLER Planning Director MJH:CS:mh c: Chris DeCerbo Joanne Juchniewicz File Copy Data Entry Planning Aide Coastal Commission Citv of Carlsbad Planning Department May 4, 2004 Jim Byrnes 3870 Highland Dr Carisbad CA 92008 RE: CDP 04-15 - SHEPARD SECOND DWELLING UNIT Dear Jim: This correspondence is in response to your letter submitted to staff regarding the application of the Coastal Development Permit for the second dwelling unit located at 3881 Highland Drive. Second dwelling units are a permitted use in the R-1 (single-family) zone. The City cannot deny an application for a second dwelling unit in the R-1 zone if it complies with all the development standards such as setbacks, lot coverage, and height in the R-1 zone. The proposed second unit complies with all of the R-1 standards. The City does not have a preservation view ordinance. However, you may want to get together with the Shepards to see if they are willing to relocate the structure to address your concerns. As for the clarifications you requested: 1&3) The height from the grade to the roof peak is 24' and the maximum building height permitted in the R-1 zone is 30'. The roof pitch was not to scale on the plans. Staff has however, confirmed with the contractor. Brooks Worthing, that the roof pitch is 4:12. 4) Yes, the east elevation only has one bathroom window. When the revised plans are submitted, Joanne Juchniewicz from the Engineering Department, will call you and provide you with the other requested information. The original project submittal did not provide all the required grading information. The project plans are being revised as appropriate. If you have any additional questions, please give me a call at 760-602-4624. Sincerely, CHRIS SEXTON Planning Technician II CS:mh 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us James Byrnes 3870 Highland Drive Carisbad, CA.92008 Ph # 4341261 Fax # 4342165 RECEIVED Date: April 26,2004 Planning Director ^p|^ 2 7 2004 City of Carlsbad Planning Department RE: App. # CDP 04-15 Shepard second dwelling CITY OF CARLSBAD 1635 Faraday Ave. PLANNING DEPT Carisbad, CA. 92008 Planning Director; Upon receipt of your letter I reviewed the city held drawings and have some questions, possible suggestions, and would like clarifications. Not having any prior knowledge of the project and only having a short window to respond, I felt it necessary to respond as directed. This letter is not meant to infer any objection to the project or the design intention, however, as a neighbor across the street with an ocean view that will be impacted, there are obvious concems and the current plans submitted to the city do not reflect the most important issues. The building height not shown, drawings not to scale, current grade and final grades not defined and proposed slab height in reference to current grade not shown make it difficult for me to comment at this time. The proposed garage is at the minimum required set back @ the North boundary. The minimum required distance between the main house stairway and the new stmcture stairway prevent the new garage from shifting to the South. Redesign, reduction in width or elimination of one or both of these stairways if possible will bring the garage Southward and help maintain our ocean view. If the garage is set back fiirther Westerly, the contour of the property will lessen the view impact as is currently proposed with the minimum 20' +1 'property set back @ the front. Another thought would have been to have the garage farther back with the door facing North and the back wall @ the minimum South setback to the house. This will enable the Shepard's to have a tum around and they no longer have to back out to Highland Drive. I know there are no view impact guidelines that must be followed for this project and my recommendations for the most part,are for my benefit. Have they considered their second dwelling set back and a single story garage in front simply replacing the existing one? I would like the ideas I mention to be considered prior to final drawings. Obvious design requirements and cost will dictate their feasibility. The remainder of the letter is a request for clarifications. 1) The exterior elevations are N.T.S. What is the height of the building from slab to finish roof peak? 2) Is proposed slab height the same as current grade? 3) When using 1/4" scale, scaling appears to be 24'+- to ridge, please confirm 4) Confirm East elevation has only 1 window (^ bathroom. 5) Show current grade and any proposed change in grade. 6) North elevation shows 30" drop. Should South elevation show same drop? Detail B/4 shows drop to be 36" +-, clarify. 7) Current grade appears to be @ street level, Proposed constmction drawings show no grading, confirm. 8) Confirm slab to be no higher than current street level. 9) Will I get an opportunity to review final drawings submitted to City prior to approvals? PLEASE NOTIFY ME OF RECEIPT OF LETTER MOU led 4)Z^ jo^ Citv of Carlsbad Planning Department April 21, 2004 Brooks Worthing PO Box 1041 Carisbad CA 92018 SUBJECT: CDP 04-15 - SHEPHARD SECOND DWELLING UNIT Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Coastal Development Permit, application no. 04-15, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or othenwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department wiil begin processing your application as ofthe date of this communication. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:CS:bd c: Chris DeCerbo, Team Leader Joanne Juchniewicz, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760).602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us No. CDP 04-15 Planning: None Engineering: None Planning: None Engineering: LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION ISSUES OF CONCERN 1. Show slopes. 2. Show existing and proposed topography. Give spot elevations across site and finished floor elevation for the proposed new garage. 3. Show right-of-way width. 4. Show existing street improvements. 5. Show driveway approach(s). 6. Show sewer & water laterals to site and how second dwelling unit will be serviced. (There is a Future Improvement Agreement & a Hold Harmless Drainage Agreement recorded on this lot)