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CDP 05-02; Rhodes Second Dwelling Unit; Coastal Development Permit (CDP)
CITY OF CARLSBAD LAND USE REVIEW APPLICATION \^^lffr 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit • Planned Industrial Permit • Administrative Variance • Planning Commission Determination • Coastal Development Permit COPoer02 • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan n Hillside Development Permit • Tentative Parcel Map Obtain from Engineering Department • Local Coastal Program 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).: 2 C)Co '2^1 -21 3) 4) PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELE^ TELEPHONE EMAIL ADDRESS: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.. DATE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE "SWNER AND THAT ALL TWE ABOVE INFORMATION IS TRUE AND COBRECT TO THH^STOF MY KNOWLEDGE. 5NATURE I_IJZJOS_ DME 7) BRIEF LEGAL DESCRIPTION PA^CgV- 1 \^h\ 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 14 Rev. 12/04 PAGE 1 OF 5 8) LOCATION OF PROJECT: ON THE BETWEEN STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) (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 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFlCe SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # 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^TRY FOR THIS POTPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED JAN 1 3 2005 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 12/04 PAGE 2 QF 5 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 Pennit 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 Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) This supplemental apphcation 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 quahfy as a Minor Coastal Development Permit. The Planning Director shall make the final detennination 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 constmction. These costs are set by the hitemational Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). Please refer to the current fee schedule for the appropriate $/square foot fee rate. => New Residential Square Footage: •^U square feet x $_L?i___/sq. ft. = $ 2 , Q I Z =e> Residential Addition Square Footage: square feet x $ /sq. ft. = $ => Any Garage Square Footage: square feet x $ Isq. ft. = $ Residential Conversion Square Footage: square feet x $ /sq. ft. = $ => Please contact the City of Carlsbad Building Department for cunent fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) square feet x $ Isq. ft. = $ COST OF DEVELOPMENT ESTIMATE: $ ^ ^/ ^ ^ ^ • ••••••••••••••••••••••••••••••••••••••• Fonn 13 Revised 04/04 Page 1 of 7 B. Do you wish to apply for: 1. A Minor Coastal Development Pemiit (Under $60,000 cost estimate) \^ 2. A Regular Coastal Development Pennit ($60,000 or more cost estimate) Q Street address of proposed development D. Assessor's Parcel Number of proposed development Development Description: Briefly describe project:. UAJt J- Ag>gV^ A Pei^^-H^ Ui^C& Ci/^ilT' Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that sunound the proposed development to the: North: South: tt East: 1 West: «• J 1. G. Is project located within a 100-year flood plain? II. PRESENT USE OF PROPERTY A. Are there existing stmctures on the property? If yes, please describe. "zMhS^i^. f^lLY B. Will any existing structure be removed/demolished? •Yes S 0Yes • No No • Yes E No If yes to either question, describe the extent of the demolition 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) • ••••••••••••• Fonn 13 Revised 04/04 Existing New Proposed 2111 sq.ft. O sq. ft. sq.ft. ^ sq. ft. ^flTsq.ft. O sq. ft. O sq.ft. • ••••• ^ sq. ft. • ••••••• Total ^'1' sq. ft. Sjfflsq.ft. 24Trsq. ft. _0 sq. ft. Page 2 of? 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: 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 _ o • Yes#_ • Yes#_ • ves VNO VNO >^No cu. yds. cu. yds. feet feet cu. yds. Location of borrow or disposal site. • •••••••••••• • ••••••• • •••••••••••••••• Form 13 Revised 04/04 Page 3 of 7 The following materials shall be submitted for each application or for combined applications on a single project. I. REQUIRED PLANS (All required 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 Pennit, four (4) copies for a Single Family Regular Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following infonnation: 1. GENERAL INFORMATION I la. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. I Ib. 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. I Id. Distance between buildings and/or stmctures. I le. Building setbacks (front, rear and sides). I If. Location, height and materials of walls and fences. I I g. DimensionsAocation of signs. I Ih. A summary table of the following (if applicable to the application): [I](l) Street address and assessor's parcel number. •(2) Site acreage. 0(3) Existing Zone, and Land Use Designation. [I](4) Proposed land use. [I](5) Total building coverage. 1111(6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if apphcable). I li. 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 detennination on any grading plan geotechnical requirements if the project is in an overlay zone. The following infonnation 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 from the site to adequately show the adjacent floodplain (if apphcable). ril. Earthwork volumes: cut, fill, import and export. I |3. Spot elevations at the comers of each pad. I |4. Method of draining each lot. Include a typical cross section taken parallel to the fi-ontage for lots with less tlian 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 |6. 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 04/04 Page 4 of 7 C. 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 infonnation: I 11. Location and size of storage areas. I |2. All buildings, stractures, wall and/or fences, signs and exterior lights. 03. Existing and proposed constmction. I |4. Provide documentation demonstrating compliance with City Council Pohcy 44 - Neighborhood Architectural Design Guidelines (if applicable). D. COLORED SITE PLAN AND ELEVATION PLAN - Not required with first submittal. It is fhe 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. II. REOUIRED DOCUMENTS AND SUBMITTAL ITEMS I IA. A completed Land Use Review Application Form. I IB. Completed Coastal Development Pennit Application. I Ic Environmental Impact Assessment Part 1 with Regular Coastal Development Pennits. Check with Planning staff regarding Minor Coastal Development Pemiits and Single Family Regular Coastal Development Permits for any environmental review requirements. I ID. Disclosure Statement. •E. TWO (2) copies of the Preliminary Title Report (cunent within the last six (6) months). I IF. 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 the subject property (including the apphcant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the sfreet 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 Smith Mrs. Jane Smith MRS JANE SMITH 123 MagnoUa Ave., Apt. #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 Form 13 Revised 04/04 Page 5 of 7 3. 600' Radius Map: A map to scale not less than 1"=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Plaiming Director if the required scale is impractical. 4. 100' Radius Occupants/Address List and Labels (for coastal zone/CDPs only): One (1) list ofthe occupants/addresses located within a 100' radius of the project site; and two (2) sets of labels (as described in "A" above) ofthe addresses within a 100' radius. III. SPECIFIC PROJECT REQUIREMENTS - (May apply to single family, regular and minor coastal development permits). Coastal Overlay Zones require additional information to be submitted as follows: (refer to the Municipal Code for a full description) A. Coastal Agriculture Overlay Zone 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)(1) of the Carlsbad Municipal Code, if project is located along the first row of lots bordering Buena Vista Lagoon including the lagoon mouth. 3. Topographic, drainage and wetland mapping subject to Subsections 21.203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located east of Interstate 5 in the Batiquitos Lagoon watershed. 4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along El Camino Real immediately upsfream of existing storm drains. 5. Geologic report addressing landslides and slope stability subject to Subsection 21.203.040(B)(4) ofthe 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. 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 ofthe Carlsbad Municipal Code. 2. Show all structures and decks on adjacent north and south properties to perfonn "stringline" test subject to Subsection 21.204.050(B) of the Carlsbad Municipal Code. 3. Unless otherwise submitted project in this zone must also be submitted with plans showing: a. Boundaries and topography b. Existing and proposed stractures 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. Form 13 Revised 04/04 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 fmdings 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). Forai 13 Revised 04/04 Page 7 of 7 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: CHINN JAMES Description CDP05002 Amount 53 .21 Receipt Number: R0047420 Transaction Date: 01/13/2005 Pay Type Method Description Amount Payment Check 1638 53.28 Transaction Amount: 53.28 9658 01/13/05 0002 Oi OS CGF" 'i3" 2P< CITY OF CARLSBAD - AFFIDAVIT OF COMPLIANCE FOR A SECOND DWELLING UNIT Instractions to Propertv 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 comphance. SECTION I - INFORMATION Property owner(s): Name(s) Property Address: Assessor Parcel No. Street Address —. . ^ ^ City State Zip Code Subdivision: 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) Hsted 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*«iid residence referenced above must ntw^ontain a second residential dwelling unit unless it is in compliance with the second dwelling unit provisions of the Zoning Ordinance ofthe 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, afljustedfor household size, at .80% ofthe 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 confract for said property. SECTION III - AFFIRMATION AND AGREEMENT I HEREBY DECLARE AND AFFIRM, under penalty ofpeijury, that all matters and facts set forth in this agreement are true* and correct to the best of my knowledgei, information and belief, and that I (we) understand, accept and will abide by the regulations, requirements, and standards goveming the Second Dwelling Unit. BY: BY: Pr^rty Owner ' . Date Property Owner Date Owner's Telephone Number(s): Home Office FRM0006 6/03 PAGE 2 OF 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: f^^sQ^CAB APPLICANT NAME: K\ C-Ar/W ^^(^fJllg^T 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: Project Description 10/96 Page 1 of 1 City of Carlsbad nntng Deparlment DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COIVIPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% 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 corooration. include the names, titles, and addresses of the corporate officers, (A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person_^Lkg>i Corp/Part_ Title CtA>iJfe^5 Title Address 1^ C(rMM<^UA|P(>o Address. 1635 Faraday Av«<ige • Ca^StusKl, CA * ^760) €02-4600 • FAX iTWi 60Z-6i539 * www.ct.?aitsbsHj.ca.us NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes j^^No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. 1 certify that all the above Information is true and correct to the best of my knowledge. 7t^^ '7^^^^ , SigjSlture of owner/date — Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 Of 2 City of Carlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. • The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Address: ^[^^ Qufi^^H Phone Number: Address of Site: C4^^6(Un^f^ PROPERTY OWNER Name: f Address: )^ C44tK^<^^Ap/0 ^ Phone Number '^C^O - 43^^ Local Agency (City and County):_ Assessor's book, page, and parcel number: "2-^^^ -^-C* ( ^2-1 Specify list(s): \ Regulatory Identification Number:. Date of List: nature Sign'crture/Date ProR^y Owner Signature/Date Admin/Counter/HazWaste 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ The Hazardous Waste and Substances Sites (Cortese List) is a planning document used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control www.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lustis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619)338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 www.co.san-diego.ca.us Integrated Waste Management Board www.ciwmb.ca.gov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm 5/19/03 LandAmerica Lawyers Title Lawyers Title Company 3131 Camino del Rio N., #1400 San Diego, CA 92108 Phone: (619)686-6000 Jamea Chin, Architect 2120 Jimmy Durante Dr. #117 Dei Mar, CA 92014 Attn: Jamea Our File No: 04603300 - 54 Title Officer: Linda Slavik (Islavik® landam .com) Phone: (619) 686-2192 Fax: (619) 725-3248 Your Reference No: Rhodes Property Address: 1200 Chinquapin Avenue, Cartsbad, California PRELIMINARY REPORT Dated as of October 11, 2004 at 7:30 a.m. In response to the above referenced application for a policy of titie Insurance, Lawyers 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 iand 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 beiow or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage of said Poiicy or Policies are set forth in Exhibit B attached. Copies of the Policy fbrms should be read. They are available from the office which Issued this report. This report (and any supplements or amendments hereto) Is issued solely for the purpose of facilitating the Issuance of a policy of title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a poiicy of titte insurance, a Binder or Commitment should be requested. Please read the exceptions shown or referred to below and the exceptions and exc/us/ons set forOi In Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the tenns of the titie Insurance policy and should be carefully considered. It Is Important to note that tills preliminary report Is not a written representation as to the condition of titie and may not //st all Hens, defects, and encumbrances affecting titie to the land. CLTA Preliminary Report (Rev. 1-1-95) Page 1 File No: 04603300 SCHEDULE A The form of policy of titie Insurance contemplated by this report Is: ALTA Loan 1992 The estate or Interest In the land hereinafter described or referred to covered by this report is: A FEE Titie to said estate or interest at the date hereof is vested in: Glen B. Rhodes, a single man The iand referred to herein is situated in the County of San Diego, State of California, and Is described as follows: SEE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 04603300 EXHIBIT '*A All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1 of Parcel Map No. 4498, filed in the office of the County Recorder of San Dlego County, February 26, 1976, File No. 76-056174 of Official Records, being a portion of Tract No, 242 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. Page 3 File No: 04603300 SCHEDULE B At the date tiereof Exceptions to coverage In addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2004 - 2005. 1st Installment: $400.16 (Open). This amount is valid until December 10, after which penalties apply Penalty: $40.02 Due with installment amount if paid after December 10 2nd Installment: $400.16 (Open), This amount is valid until April 10, after which penalties apply Penalty (including cost): $50.02 Due with installment amount if paid after April 10 Homeowners Exemption: $-0- CodeArea: 09000 Assessment No.: 206-261-27-00 B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement in favor of the public over any existing roads lying within said land. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of San Diego Purpose: public highway Recorded: December 9, 1974 as Instrument No. 74-320348 of Official Records Affects: Portions of the herein described iand, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 3. Recitals as contained in the improvement certificate as disclosed on Parcel Map No. 4498. Reference is hereby made to said Parcel Map for full particulars. 4. A homestead declaration Executed by: Glen Bernard Rhodes Dated: August 31,1987 Recorded: Septemt>er 14, 1987 as Instrument No. 87-518956 of Official Records END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 4 File No: 04603300 REQUIREMENTS SECTION: REQ NO.l: The Company will require a statement of Information from the parties named below In order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or Impose liens or encumbrances thereon. Parties Buyers/Sellers Page 5 File No: 04603300 INFORMATIONAL NOTES SECTION NOTE NO. 1: Privacy notice (15 U.S.C. 6801 and 16 CFR part 313): We collect nonpublic personal information about you ^m information you provide on forms and documents and from other people such as your lender, real estate agent, attomey, escrow, etc. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. NOTE NO. 2: The information on the attached plat Is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any poiicy, report or guarantee to which it may be attached. NOTE NO. 3: California Insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a Califomia based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. Ali escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the finandal institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and eamings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial Institution. Such benefits shall be deemed additional compensation ofthe company for Its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Banic 530 "B" Street San Diego, CA 92101 ABA # 122-000-496 Credit To: Commonwealth Land Title Company - San Diego County Account #9100899563 RE: 04603300 675 - LSO- PLEASE INDICATE LAWYERS TITLE COMPANY ESCROW OR TITLE ORDER NUMBER Page 6 File No: 04603300 NOTE NO. 4: The charges which the company will make for next day messenger services (I.e. Federal Express, UPS, DHL, Airborne, Express mall, etc.) Are $15.00 per letter, standard ovemight service, and $25.00 fbr larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be biiied at the cost of such services. There wiil be no additionai charge for pick-up or delivery of packages via the company's regulariy scheduled messenger runs. NOTE NO. 5. The charge for a poiicy of title insurance, when issued through this titie order, will be based on BASIC RATE. NOTE NO. 6. None of the Items shown In this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. NOTE NO. 7. The foiiowing information will be included in the CLTA Form 116 Endorsement to be issued pursuant to this order: There Is located on said land: A single family residence Known as: 1200 Chinquapin Avenue, Carisbad, Califomia NOTE NO. 8. There are no conveyances affecting said land recorded within 24 months of the date of this report. NOTE NO. 9. THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be In addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. Ifthe customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Typist: ozl Date Typed: October 22, 2004 Page 7 EsklbMB(Itcv.2/4A2) CAUFORNIA LAND TTTLE ASSOCUTION STANDARD COVERAGE POUCY -1990 EXCLUSIONS FROM COIVERAGE TlH MIowliit mMm an •ifnnly tiuhidad tom itM cov«ni«i of lU 1 (•) Aiylw.o«riiMmer|ovnMi>ili«tulMiao(lMliidlMbulimlimMlebidM^ tk* ctancur, dlMMioM or IOMUDII of tar ifapiavMini aow w iHrnte tsvbeunaul iwMnllOi^ or dw lAel ofuy vM«ioa of UM Imii; ocdl^^ ftom 1 vIobUo* or altiid vioMoo tflMiw Ite bod lw b«M racorM la Ite piAllo rao^ (b) Any pntnmUMl pollM pomr oM mtHuiai ky (>) iton, noipl io ite onlMt ttu • aotin of Ite amlM Itaraoror aollo* of* diftcl, llao or «ioiiabiano< multiiic fiom a violaiioa or aUaiad vMafaa tSteliiii ite land tea ten raeoiM to Ito iwWic racoali« Dil* ofMkr 2 Mghu ofawliiaw doonlii uabaa Mioa eftte amnia* ItefMf tea tean laoonM kn ite pvUic raconii at Dau of Pottcjr, but aoi mfUiiliiit fton oovanga aoy laklof which hu occumd prior lo Data af Mky which would te Uadiiig oa Ite i<|hia of a purchtiar Ibr v*kM WUMI Inowladia. } Dalbcla,Uaaa,aoeiiafcnae<»,idv«MeU«uorolteriatlara'. (a) «haltororBMnceiMtoltepidiUcraoonhatIMaofMic},butcnalad.aiinrad,aaauiiiador (b) not loom 10 Ito Coapaoy, mt ncotdad ia ite pubBc raootda at Data of htey, but lamn u ite iaaurad cUiuM aod not diacloaad in wiWag lo Ite Company by Ite iannd dainuat prior to ite data tte iaaurad daiouat baeuM aa Inaand mdcr tUi polcy; (c) XMuIriatiaasbaiordaaa«alDiteiBwradckiDiaBt; (d) Aitaebiag oc erialid mbaaqnaat» Dm of Micy, or (a) Kaaulilat hi loa« er ilaiani wMrt wniiM not teva baan luaiaiaad if tte inaarad daimani had paid valua far ite iaaarad mwltue or fcr Ite lata or Intarwi iaaiirad by thia policy 4 UaanfcioaabllityofltolliBOfttahiaiiiodainitgipbacaiuaofltelaaMlity or ftlhitaoflte iaaurad al Dat* of indabladaaaitocoaply with Ite applicabladoh^buiinan lawi oftte ilal* fa) which Ite kad ia dkiatad. 5 InvalidityoruBcaliroenMlilyerttia Uta oftte iaaurad amtfaaa, or cUaaihataotv^idiariaaaouof tte ttaaaactkna^ 6 Any claha. which ariiaa out of Ite ttiwactloo vaadag hi Ite iaaurad ite atW* or Intaraat Inauitd by ddi pohcy or ite tramactioa cf<*lin( tte haaroti of Ite iaaurad landar, by nuoo of ite opatatioa cf Mara) banlmiptcy, alaia inaoivaacy or amllar eiadiiof*' tighu lawa. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I Till* policy doa not faiaur* aiahitl lot* or danafa <and tte Coinpany will not pay eoau, aiaxnq*'fH* or axpanaaa) which ate i. Tmm f r mwin—*• —""^ «>i»rlm t««« hy th« j^imriiy itiM !«««« nr ni i .ii a« .^1 [nwf-Ty Wy lk. ptiMir. ntnnl. PiiKjaadlnti by a pidiUc agCBcy which aty raauk io tanaa ot aaacaaowaia, or nolieat ef auch ptocoadiafi. wtattcr or aol atein by Ite lacordt ef auch aaancy or by Ite puhlic iBcorda. 2 Aay Ihcia, right*, iaiaiaata, or dainia whkh ara aotihown by tte pubteracorda bul which coahlteaacaitahiad by aonupae^ ]. Eaaaniania,8ena or aaeuaibraaoea, or ckhaatharaoC which ar* not ahowa by tte publie raoonb. 4 Diacrtinaciea, oonflictt ia boundary Itoa*. ahoitaga hi ana, aoctoackawai*, or any othar ftcu which * coiract lumy would diactoa^ aad which ara aot tbomi by tte public noorda. j (a) Uapataoud mining daiiaa; (h) raaarvationi or weapticiia in palanta or in Acta authoriahn Ite laauanco tharaotj (c) wMar riihla, daima or till* to walar, wholhar or not Ite maaan aiicaplad uadar (*X (b) cr (c) ara thown by tte public racordt. CLTA HOMEOWNER'S POUCY OF TTTLE INSURANCE (6/198) ALTA HOMEOWNER'S POUCY OF TTTLE INSURANCE (1(V17^ EXCLUSIONS n addaiott 10 Ite Bxccpiioaa ia Schadul* B, You ai< not kaund ajaiait loaa, ooaia, atotneya'Aaa, and aiqpaanaa raaukhii Go«tninuctalpDliMpowar,and1tefKiat*Bc*orviolatiaaoraaylaworgowariin«M Thia inctodwoidmmc**, lawa and icgBlalimacoiicttaiag: a. bulUuig h. d. inpnvaaieniaoa Ite Land a. land diviaion C aaviroamaaial protaction Thii Exehaioadoaa aot apply to viohtioaa ortte aafereafltaat of tbeat nuitan If aoiioeof tte violaiioa or cafcrecnwat appean ia tte Public Keconli at tte Policy Data. ThiaExduaioadoacBolliaiiilteooweracadaacrSMdfaiamradRiilc U, 15,16^ 17orZ4. Tte lUhiiaof YourtiriMiagainictuna, oraay paitoflfcaB^ (otecoaaliiictadia aocotdanc* wilhappGcaUa buildtng codaa. This Exchialoa doa not apply to viotation* of teildhigcodaa if notica of Ite vioiatiaa appaan in tte Public Racordi at tte tMicy Dal*. Tte rlikt lo late Ite Land hy ooodamohig it, untaaa: a. a notic* of anarciaiag Ite right appaania Ite Public Kacordi at tte Policy Data; or b. tte lith^happapadhofcta Ite Polfcy dau and la MajBaioaYeulfYoBhougld tte L»adwilhouthnowaig of Ite taking Risb: a. that*i«cnaud,*nowcd,<(a|i«ad1shy You,«telh*rornMtkayapp(atkitteP«blieltMocds; h. thalankaowataYauattteMicyDaie,butaottol\nalta*tteyappaarialtePidilieRacotdtatltePolkyDat*; c. lhatfaullaiaoloaataYoa;or d. that Bill ocaa after tte PloScy Data-ttia doa oot Itek Ite covaraga daacrM to CovaiidKUc 7, U, 23,23,24 cr 25. Faika* k) pay vakw Iv Your Tide. Ladtofarj^ > toaayl*adealald*lte«raaapaclflcal>y<)aacrib«dandr*fciTadtokiparagraph3ofSchadulaA;aiid b. to iir««a,aUcy», or waiarwaya that touch tte told ThitExckisioadoa aot Unk tte covengadeacribednCovarad Ride II or 11. AMERICAN LAND TITLE ASSOCUTION RESCDKNTIAL TITLE INSURANCE POUCY (6-1-87) EXCLUSIONS Jdkioa lo ite Eacaplioaa to Schaduk B, you an not eauttd agatoal tola, cocb, aturaayi' (tea, and aapanaa raaukiag Sen; Govamaiaaial polk« power, and tte oaianm or vblatkia of any hw or govcrnniaiit lagutetoa Thb kichida h » Land Ufa • Improvenicntf onttelafld Eavboaaianlal pmtaaion Thil awhiiioa doa not tfply 10 vnhdkm or Ite aofcieaneal of thcaa natiai* whkA appear to Ite public racords at Pol^ Thia axekaioa doa aot bail tte aonkig covciag* daaatoad to ilama 12 and) 3 of Covert rte tight 10 tate tte land by coodanawg unkaa; A notice of axaiciaiag tte right appean to tte publie laeordt on tte Policy Dat* Tte taldng h*pp«nad prior to Ite PoUcy Data and ia bndiDg en you if you bought tte laod without knowing of tte taldng iilalUaka: That ai* craaiad, altowad:, or a««ed to by you Ttet an known to you, bu not to ua, on Ite Pokey Dale - unleu thay appeared to Ite Public Rsoerda That raauk to no len to you Thai Aral iKhcl your thie ifler tte Policy Dto* - thia do« not limh Ite hbor and niaterial Uan covengt to hen t of Covered Title KMa •ilun to p*y vato* Ibr your tkla. wkofari^ To any land outtida Ite am apeciiically deacrihed and relkrrad to to itan 3 of Schedule A OR In uneli; allay*, or waterway* that touch jmr land 1U axchiaton doa not fink tte aceen coverage to Item 5 of Covered Ttk RUa AMEIUCAN LAND TTTLE ASSOCUTION LOAN POLICY (10>17^ WTTH ALTA ENDORSEMENT-FORM I COVERAGE ••d AMERICAN LAND TTTLE ASSOCUTION LEASEHOLD LOAN POUCY (10-17-92) WTTH ALTA ENDOR8EMENT-F(HtM 1 COVERAGE EXCLUSI<»<S FROM COVERAGE Tte IbltowtogaiatMn an aapnialyew'kidad lion Ite cevarngaoftkhpotey and Ite Conpaaiy will not pay toll or ilaa»g^eoe^ I. (a) Any tow, ordtoaaea or givataaaatal radiation (lachidiag kut act tanked to buMdiag aad aortag tna, otdtoiww, or ngulittona) natriettoi, ragntekifc prokMkig er raliikig to (Q Ite occupancy, uae or an)oyaiaol of tte toad; (8) ite rkaeanur, dtotaatoa or tocetioa of aay kaprenm now or hanaltor <r»ct*d oa tte had; (M) a lapiiattoa to ammMp or a nkanga to tte dlwanatona or ana of Ite toad or aoy parcal of whiek Ite toad i* or tm a pan; or Cn) aavifoanaalal proiealtoo, or tte aAael of aiiy vtohtiea of that a notioe of Ite aadbfcaaeal thereof ot a nolica of a dadbct, lian or anouahiaac* raeuktog fioa a vtohtioB or alhcid vtolattoa afli^^ Poliey. (b) Anygovan»Bei«alpofc*powarn«<aahdadby(«)akova,a«eeptteiteeaMatihtoaaeticaeftte««at«to«iteraefer taoilc»of»d*<tel. Benoren vtotolto* eOaettog tta toad hn baae laoocded to ** piMe raootda at Dto* of FoUcy. 1. Right* of eiBtaato itoawto aalm aatioa of tte antdi* Iteraof haa beea recorded to tte public racordi at Data of Policy, hut net excluding tmm euuenge any taking whioh haa occaind prior to Dau of Potey «*toh woaU to btadiag ea tte righto of * punh**a <ir v*kn wkhout knowtodg*. 3. Dafcea, Kem, aacaatonacan advene daknaarotter oaitan: (a) enala4iuato«d,aiaiiaaadcraroedtobydietoeuraddatouat; (b) aot kaewa to tte Ceaf lay. aot recorded to tte public racordi at Date of Policy, but known to tte toaurad chuaiatoaito aot diacloaad to writlag to ite Conpany hy tte toaund claiaiato prior to tte dm Ito kiiund oUanto kaeanw (B iaiurad uadar tUa policy; (c) raauttogtoaokaordaagiioltoiaauredclBauBt; (<0 attadtfag or ended iuka*qu*wtoDal*of>ofcy(awcaptto tte aidan that tkiapoBcytoiurn tte prtority of Ite lien of Ite toautedaioit^ lteeatatohiM«aac*iaaaiiidadtorito»toMiiiami«ifcritraetiaipro<wia»touadercoailittctioaorconipletri (e) tawltli^ to lD«a or iteiaji iiMih iinahl aol tow b*«a nwntoail if tte taaarad dainanl had pato vaki* fcrtte hiauwd mnitgip 4 UM«dbiw*bi8iy ef Ite liaaof *a totaled awngaga hwa oftte kubllky or hikin eftte kiiutad at Data of Policy, ot Ite iaabilig er ftihira of aay attowgueai owner of tte ini1*hi*daae, to coinply whh appScdil*doh«hii*toeHl*Moftto*atotowhidiitetoadlatlhiand. 5. hwaimiy ot aiiei<bi<iaatr>jr of tto tea eftte toaatad unngagii, or chin iteteoC wktoh atiaa out of Ite lt»a*acltoa *irldenai< hy tte toaund moitglg* and ia ha«*d upon away or any coaauawr credit ptoiedfaa or mih to taadhg tow. .6. Aayitalawtylle«fcraitvlwa.htoraraiilittok (orlteehkaof pttority of aay natatory Uaa fcr lervicae. hhororiiiataraili over tte Haa oflteiaiundaie«tg«gi)atlitog Hon *Biaifrov*a>e« or wort wtiektoDato«l'»ifcy<tohi»ri<ha»dvi»o*def ianhggtoadtoidvaaca. 7. AayckUaiwhhfcarlMaoalofdiaiiaeaiitoacreadi^lte tokiiaiofdwawgigai haaadbylkiiPoliqr.byraaonofltenpeitoioao^ tfcatbbaMdoa: (0 ttelrMaactio«craaltogltek«ereetofttetoeurBdiaongagiibak^daeiBedaltauduteitco«veyaaeaor>«idulantttaaafcr.or (a) tteiuhordtoaitoDofltetoMrMeriteiaauridnoflgBgnM*reaukcftteappBcalknofltedociitoeof«i)uhabtoiubardto*tton;or (iS> flglTMaacltoaeraaflBgtteiaintoofltoktaedaiong^eateiiigdeeoiadapn (a) MItoNlyiaeoidltokMnaaaioflnarflr.or (b) ofiuchiecorditiotokapanamicoto a paithiaMtevaki* or ajadgawn or Ilea creditor. Tte abov* poliey bnm nay te iouad tt aflfaid Mdw Standard Covanga or Etoeoded Coveng*. In addkioa to tte above Exctoatoai finn Covcnge, Aa Buaplioaa SOB Coverme to a Standard Covange policy win aba tocfcida Ite Mtoeriag Oaatnl Easepiioai: EXCEPTIONS FROM (X>VERAGE Thb policy doa not toaura agabal toa or daaoga (aad Aa Coavaq'tail aol pay colli, anmay*'fba or expaaaa) aMcdi aril* ^ 1. TaxaoraaictiaieotowUchanaoidMaaaKitoiagteMbyiteiacoidaofaaylndagauaurkyaiatleviatameraaeee PioeaadtogahyapaMfeagiar) «ddiba»yaiM>tot»M*oriaMiB»au.o>Boitoaofittcfaptot««diiigi.wtolh«rernotihowBbyltotacoid*ofiac>aiwcyorl^ 2. Aay ftcl^tl^iti, totaled* witolnwMr* an aot danw by Ite pBMtot»cetdihil>»lilchceuMte*iceitaiaad by M 3. BMaaow^ltoMef i»euii>i»caa,ercMn><«raetaddcb«na*t*hai>«tyltepBhaeweotdi. 4. Phtrip*iirlii,coaBfatotobnM«din>aia,dw<tni toawa, wifiiiailiaeiili, or aay oth*rttcBwMch«caiiediutvey would dbeki*e.*adwMchafai«titowtibyltepublencotda. 5. (a)U*gtoia<ediiiMagehhn;<ljre*erii*«loaiOf*i(Beplkw*toptoitoiarhAca*uthori«iagltehauano*lteteof.(c)w«Mrt|gh^ or (c) anihowB hy Ito puUto raeordt AMERICAN LAND TTTLE ASSOCUTION OWNER'S POUCY (10-17.92) And AMERICAN LAND TTILE ASSOCUTION LEASEHOLD OWNER'S POUCY (10-17-91) EXCLUSIONS FROM COVERAGE Tte tollowiag nalten ara eapnady aaehM ton Ito ooverig* of Ihb policy aad Ito Coaqiaay wiU aot pay ton or daaag^ ooa^ 1. (a) Aa»law,oidha»iaerguiManMili*|Btoto»Ctoeh«ltogbtoaolltoiktdtohagdiag«ad»oriagl»»»c«dlaiiioe^oTt^ »**ore«i|oyiaaaefltol»ad;ffi)tt*t>*r*cia, diwiatoaoaloc»tioaof«ayhapiowaa«toi«wwlMi»l>arerecl«dealtohu^ ofltohadoraaiypaae*l«fwldch**hadberwa»p»t;or(to)*»vi(oiim»i«ilptowcltoi^orltoallktef«ayvfatot^ that aaotieeoflto inl III aiain lhraiifar*aotto*of»d*fect,ltoaoteBetttobnneete*ulttog»oa>>vtohriBBorin>g»dvMattogtflkcthgttel*«dhat«eB>ec PBloy. <b) Aay pninMwaal poltoy powaaaCMtoded by (•) above, igeapl to Ite ektoM tha a noiioe oftte •atrciHthereofor a node* of* d*^ vtohttoa aObcdng tt* had ka* b*aB nooiM to tte pabUc noorda at Dto* of PoHcy. 2. Righto of aafaaat dnaiato aaha aetiee eftte extrdaa thenef ha baaa recuided to Ite public reootdi at Dtoe of Policy, but not exekidhg Ihoai covenge any ufctog which hai occuned prtor to Date of PoHcy whicli woukl to hiadhg oa tte righto ofa puretaaer gir vakie wkhoat knowladga. 3. Deftcia, toa^ aaeaaihwacea. idnaiKi I htoM or ether nattarr: (a) cnatedlMflhmdlaBaMdor*gnedtobyltoto*Bndchaaa«t' (b) aotkaowattlteCeiivaay, BM ncofdad toltopitoter*corih MDauofPoKcy, feutknownio tte toauredchinuaand not divd^ ctoinaot prior to tte dan te hand chiaua boaan a* laaored aader thb polii^ (e) naalltogtonoloaardnaatatolteiaauradelaiiaant; (d) aiuchiagocen*Hdnb**9ieedtoDatoofro6ey;oc (a) neuMag fa km ocdeaggawhfckwetiM aot have been eiiilained if tte toeuradclahnaM had pato vahie fcr die catttoocktietetotoeMted by Ifab policy. 4 Any clatoi. which ariaa out oftte tnaarttonveating to tt«fa»«ed tte eiieto or iatereattoiured by tte policy, by waaoB oftte opgaibn of fato hwi, that fa baaed on: 0) ItetiaaiacttoacrattogltoaalaMortotaiadtoautadbythbpolicybetogdeeinedafiaudulaolcoaveyanceorftaudulentttaoaftr.or (k) ltetia**aclkMcr*ttt|gttoaatatoortolaradtoiurad^ttapoteybciagdeaniedapnlkreMbllranaltee«eepttAanlteprelbrcatidlrra (a) loihaalyracordttatoatnaaeaioflnoaftnar (b) cfaudinoordaltoa to tav*itaatic*tt*purek*acr fcr v*ki* or ojudgmcat or Um creditor. Tte abevapofiqrfcnn* nay to baaad to aflbid dther StaadardCovtraca or BMeaded Coverage. In additkm to tte abov* ExckjuoM &Dai Coverage, tte Bucaplioiu 6am Covange to a Suudtrd Coverage Policy wil] alao tactode tte fcOowiag Oeaenl Excepttoa. EXCEPTIONS FROM COVERAGE Thb potey doa aot iaaun agatoto ba or daaiege (aad Ite Ooopaoy will aot pay coata, auorneya'Ika or aapaaaa) wki^ 1. Tang or ewainiWi which an amitoaia a mattiag Bcaa by tte ncordaof aay uiihgaBliairily Ihto levbe UM* Of MiMimriiri ea nd property or by Ite public ncordk. Pioe**di*gi by * pubte *g**ey whkto ia*y raauk to taxa or eaaeeaaiaala, or aottoa of well prooetfiaip, wtelhar or aot ihown by tte ran 2. Aay tun, ii^<a,toiataeti ordain which ara an ahoMbyttapuUtorioordabut iiAkkceuklteucartatoad by aakupecttoeof tte h^ 3. Eai«neaa,ltoaaraacug*htaBeae,erd*iaBttei«otwhiitoHeBotihDwabyttepiMier*oerdi. 4. Diw*ap*aGic*,oo«lUcBtobeindaryKat*,itMiagatoaia^aacroBitaie«la,<u*nyolter&ctow(Mh*coriediarvB^ 5. 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I. mti<^lto>iriWtolto<t*ilttWk«MlWPal»f>toi*ii«j i«iia»to><iil»nMi€>fcl»Mii»ittoiwd*ilibl*>**i^»valtoa^ea«i^i»atoi<ott*rai*itow <ifcito-(Hll|lliiiBfi*l*»»—«i<tol—iito: (a) mmm0m.t/m»i*' 04 tltoftk«ikiii*llMtotori<»la*ilbtt»«r*ala»»dMto|g^ ttMitlftt*iiacflad»tobgwto*rM«wwli«/ltoae<l«odfaittdiltti«wiMhwi«h*iB 9. SiSSlSSiiSytodllf towi^ H pllta ttaaiifi> liaSoflw—Mltofcin«>«rdtoi Bd* aftagay to aecorditewitt ippteaMa taUdlag eoda. Thb wahiha don aot apply tt»Mdtoa»af tiildli» ntm ifihaoftta' lildlai igpiiii htttldblto Itocaidi dDatoonmtoy c LandAmerica' Order No: 04603300 Notice to Customers You may be eligible for a $20.00 reduction In your title or escrow fees in this transaction charged by Lawyers Title Insurance Corporation pursuant to the Rnal Judgments entered in People of the State of Califomia v. LandAmerica Financial Group. Inc.. et al.. Sacramento Superior Court Case No. 92 AS 06111, and Tavior. et ai. V. LandAmerica Rnandal (Sroup. Inc^ et ai.. Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction In your title or escrow fees If you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dweillng units; 3. You previously purchased title Insurance or escrow services Involving a transaction which closed between May 19,1995 and October 8, 2002 from one of the following companies: LandAmerica Rnandal Group, Inc Commonwealth Land Title Insurance Company or Commonwealth Land Tide Company Lawyers Title Insurance Corporation or Lawyers Title Company Rrst American Title Insurance Company, Rrst American Title Company, First American Title Guarantee Company Rdellty National Rnandal, Inc. Fidelity National Title Insurance Company Fidelity National Titie Company Fidelity National Titie Insurance C^ompany of Califomia, Inc. Rdelity National Loan Portfolio Servtoes Ticor Title Insurance Company Security Union Tide Insurance Company Chicago Title Insurance Ck>mpany Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. Califbmia Tracking Service, Inc. Tide Accounting Services Corporation 4 You did not receive a $65.00 cash payment from LandAmerica Rnandal Group, Inc. In the reconveyance fee claims process pursuant to the Rnal Judgments entered In People of the State qf California v. LandAmerica Rnandal Group. Inc.. et al.. Sacramento Superior Court Case No. 92 AS 06111, and Taylor, et al. v. LandAmerica Rnandal Group. Inc., et al., Los Angeles Superior C:ourt Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and retum it to your Lawyers Title Insurance Corporation escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing In order to receive the $20.00 fee reduction. Name: Address: Telephone No: e LandAmerica' Order No: 04603300 Notice to Customers You may be eligible for a $20.00 reduction In your title or escrow fees in this transaction charged by Lawyers Title Insurance Corporation pursuant to the Rnal Judgments entered In People of the State of California v. LapdAmerica Rnandal Group. Inc.. et al.. Sacramento Superior Court Case No. 92 AS 06111, and TaYlOf, Ct al. V. LandAmerica Rnandal Grouo. Inc.. et ai.. Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20,00 reducOon In your title or escrow fees if you meet the fbiiowing requirements: 1. You are a natural person or trust; 2. Your transaction Involves the purchase, sale or refinandng of residendal real property containing one- to-four-dweliing units; 3. You previously purchased title insurance or escrow sen/ices Involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Rnandal Group, Inc. Commonwealth Land Titie Insurance Company or Commonwealth Land Titie Company Lawyers Titie Insurance Corporation or Lawyers Titie Company First American Title Insurance Company, Rrst American Titie Company, Rrst American Titie Guarantee Company Fidelity National Rnandal, Inc. Fidelity National Titie Insurance Company Rdelity National Titie Company Rdelity National Titie Insurance Company of Califbmia, Inc. Rdelity National Loan Portfolio Servkes Ticor Title Insurance Company - - - —- - - * Security Union Tide Insurance Company Chicago Titie Insurance Company Chicago Titie Company Chicago Titie and Trust Company Rocky Mountain Support Services, Inc. ..'i Cailfbrnia Tracking Service, Inc. Title Accounting Services Corporation 4. You did not receive a $65.00 cash payment from LandAmerica Rnandal Group, Inc. in the reconveyance fee daims process pursuant to the Rnal Judgments entered In People of the State of Califomia v. LandAmerica Rnandal Group. Inc.. et ai.. Sacramento Superior Court Case No. 92 AS 06111, and Taylor, et al. v. LandAmerica Financial Group. Inc.. et al.. Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Lawyers Title Insurance Corporation escrow or tide officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and retum this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: ___________^ 206-26 ICHANGES I O ^\ MAP tWea-CARLSBAD TCT hKX 84-42 ^ ?> >\ M.AP 9633-CARLSBAD TCT NQ 76-6 ••^ M*P 5M06 - CAMINO OB. SOL MAP 5267 - S7S±A MUIS ESTATES HAP 1681 - THUM LANOS - TO TCT 2H2 - ROS 830,3313.3696,10804 STATE OF CALIFORNIA - THE RESOURCE,"^ ^ENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (8-0?) Lead Agency: Date: ko9750 Project Title: \gency OT i-iiing: ClbP n<i-Oc^ Rtk)(^£<> /2E^iDB^^f^ I state Agency of Filing Document No.: Project Applicant Name: f^^^""' Phon^u^Cr: fS^^JT^J Project Applicant Address: Project Applicant {check appropriate box): Local Public Agency \7} School District ^ Ottier Special District ^| State Agency |^ z?^ Private Entity |^ CHECK APPLICABLE FEES: - ) Environmental Impact Report ) Negative Declaration ) Application Fee Water Diversion ("Sfafe loafer Resources Control Board Only) ) Projects Subject to Certified Regulatory Programs ) County Administrative Fee ^>4.j'roject that is exempt from fees TOTAL RECEIVED $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-LEAS^AGENCY GOLDENROD-STATE AGENCY OF FILING NOTICE OF EXEIMPTION 5 To: Office of Planning and Research ^^'M, ^l^^^'^Y OF CARLSBAD P.O. Box 3044 ^ Jjjpiftining Department Sacramento, CA 95812-3044 T^*^* 1635 Faraday Avenue C»«»*^arlsbad CA 92008 County Clerk (760)602-4600 [p Q L ti © County of San Diego Gregory J. Smith, Recorder/Gomty Clerk Attn: Rita Garcia, Room 260 J\j[\ 0 6 2005 1600 Pacific Highway San Diego CA 92101 ^ DEPUTY 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 05-02 - Rhodes Residence Project Location - Specific; 1200 Chinquapin Avenue Project Location - City: Carlsbad Project Location - Countv; San Diego Description of Project; A 311 detached second dwelling unit above a garage Name of Public Agency Approving Project; City of Carlsbad Name of Person or Agency Carrying Out Project; Chris Sexton Name of Applicant; James Chinn. Architect Applicant's Address; 2120 Jimmy Durante Blvd #117. Del Mar CA 92014 Applicant's Telephone Number; 858-755-5863 riLCD IN THE OFFICE OF THF OOUNTY CLERK Exempt Status; (Check One) San Diego County on ---M^^ '^^^'^ • Mimstenal (Section 21080(b)(1); 15268); Posted _mM*emoved -^m^^ • Declared Emergency (Section 21080(b)(3); 15269(a)); Ret«™^*^asenpj^^n.--iUUJfc ill • 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; A second dwelling unit in a residential area. 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? • Yes • No G'2-OS DON NEU, Assistant Planning Director Date ^ Signed by Lead Agency Date received for filing at OPR: • Signed by Applicant Revised March 2004 City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING COMPLETE DATE: January 12, 2005 DESCRIPTION: Request for approval of a Coastai Development Permit to allow for the demolition of an existing single-family residence and the construction of a new single-family residence with a 311 sq. ft. second dwelling unit above a detached garage on a .22 acre site. LOCATION: This project is within the City of Carlsbad's Coastal Zone at: 1200 Chinquapin Avenue within the Mello II segment ofthe Local Coastal Program (LCP) and Local Facilities Management Zone 1. ASSESSOR'S PARCEL NUIVIBER: 206-261-27-00 APPLICANT: James Chinn Architect Ste 117 2120 Jimmy Durant Blvd Del MarCA 92014 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on May 4, 2005 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on or after April 27, 2005. If you have any questions, or would like to be notified of the decision, please contact Chris Sexton at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4624. APPEALS If you challenge the Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: I 1 This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: CDP 04-50 CASE NAME: RHODES RESIDENCE PUBLISH: APRIL 22, 2005 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ SITE RHODES RESIDENCE CDP 04-50 CARLSBAD FIRE DEPARTMENT Fire Prevention Division PROJECT CONDITION REPORT PROJECT NAME: Date: Project number: Staff Planner: Rhodes Second Dwelling 01/27/05 CDP 05-02 C. Sexton Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire has no comments or conditions regarding this application. GR City of Carlsbad Planning Department MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION May 18, 2005 James Chinn, Architect Ste 117 2120 Jimmy Durante Bl Del Mar CA 92014 RE: CDP 05-02 - RHODES SECOND DWELLING UNIT The City has completed a review of the application for a Minor Coastal Development Permit for the development of a second dwelling unit located at 1200 Chinquapin Avenue. It is the Planning Director's determination that the project CDP 05-02 - Rhodes Residence 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 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. 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 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. 6. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us D DWELLING UNIT ^ May 18, 2005 Pace 2 Conditions: 1. The Planning Director does hereby APPROVES the Minor Coastal Development Permit, CDP 05-02, for the project entitled RHODES SECOND DWELLING UNIT (Exhibits "A" - "G"), dated May 18, 2005, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and . in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; 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 Minor Coastal Development Permit. 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. 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carisbad, 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. CDP 05-02 - RHODES SWTOND DWELLING UNIT May 18, 2005 Pace 3 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 24 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 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 9. 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 othenwise specifically provided herein. 11. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 12. 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. 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. CDP 05-02 May 18, 2005 Page 4 D DWELLING UNIT W 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 DON NEU Assistant Planning Director DN:CS:bd Attachment A: Affidavit of Compliance for a Second Dwelling Unit c: File Copy Data Entry