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HomeMy WebLinkAboutCDP 12-01; Burgos Residence; Coastal Development Permit (CDP) (2)4*> •a CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 w Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Develooment Pennits r~| Administrative Permit IXI Coastal Development Permit (*) ^^^inor • Conditional Use Pennit (*) I I Minor Q Extension I I Environmental Impact Assessment I I Habitat Management Permit Q Minor I I Hillside Development Permit (*) I I Planned Development Pemiit I I Residentiai Non-Residential n Planned Industrial Permit I I Planning Commission Detemiination n Site Development Plan I I Special Use Pemiit r~l Tentative Tract Map I I Variance Q Administrative (FOR DEPT USE ONLY) Legislative Permits r~| General Plan Amendment (~| Local Coastal Program Amendment (*) (FOR DEPT USE ONLY) I I Master Plan I I Amendment I I Specific Plan CH Amendment n Zone Change (*) I I Zone Code Amendment Ust otfier aoolications not soecified • • • (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTEO PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: X\^r^^ ^D^Q-D^X ~ QO PROJECTNAME: ^^tZ^^^^^^ [\P BRIEF DESCRIPTION OF PROJECT: "^M^U^, i^TTUr<. "P^rhV/ h:>Of= A^yf (APf^V 0.i'<;<^i=r) BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: DN THE: STREET ADDRESS ^ SIDE OF (NORTH, SOUTH, EAST, WEST) BETWEEN AND (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) P-1 Paae 1 of 5 RnvisArl 07/1 n OWNER NAME (Print): ^.^^^ l[i(Jt6^0<> MAILING ADDRESS: %^C/^ fcit^JjHA f^. CITY, STATE, ZIP TELEPHONE: EMAIL ADDRESS: ]^OG)f^J^ A^r.T^ro/lfJ±iai<. . C^AA Q-APPLICANT NAME (Print): <,^M^^ nuJAJIEt MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 1 CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 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 SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): //^Q f)B<;ieil4 CjDk^BptjN.. Ul^y CJJBIMS. J MAILING ADDRESS: Hot:^^ 6^ ^^vin4t:< t?/uh ' CITY, STATE, ZIP: 'P,,;^^e>A^^K•. ZA. TELEPHONE: ^|f3 ' "fOOO EMAIL ADDRESS: ^^^^//^^ ^ ArciCJSC • COM •St/ 1%. I CERTIFY APPLIC COR tHAT 1 AM THE LEGAL REPRESENTATIVE OF THE JsT ALL THE ABOVE INFORMATION IS TRUE AND JF MY KNOWLEDGE. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. l/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECOBDE&ON THE-TITtE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH T>I^ND AND BINP ANYJUCCESSORS IN INTEREST FOR CITY USE ONLY RECEIVED JAN 2 Q 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 5 Revised 07/10 ^ DISCLOSURE Development Services <I STATEMENT Planning Division CITY OF p -|/A\ 1635 Faraday Avenue PARI SRAD (760)602 4610 ^— '» r\ L J U/\ Ly www.carlsbadca.gov 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 informatton 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, fimi, co-partnership, joint venture, association, social club, fratemai 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 COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, 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 ^^^fEJL 'T^Ul2^S)Of=> Corp/Part_ Title (D{JU)U^^ Title Address^^^/'•^SLulU^. />^/f/5^ 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, titles, 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 ]^&jE^'^Uk^^P^ Corp/Part Title ^l/Jk^ Title Address ^0 /^l^j/k.^/'. CMLMA Address. P-1 (A) Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANiZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/T rust Title Address Have you had more than $500 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 No Ifyes, please indicate person(s): NOTE: Attach additional sheets if necessary. ify that^the above information is true and correct totbeJaest of my knowledge. SigniitftAeajf-Qwner/date Signature of applkiamVUale ^ Print or type name of owner type name of owner Print or type name of applicant Signature of^WherTa^plicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 r^ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: APPLICANT NAME: ^•f=JSL ^5U ]^6€>fz> 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: P-1(B) Page 1 of 1 Revised 07/10 CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Govemment Code Section 65962.5) Pursuant to State of Califomia Govemment Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any altematives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 ofthe State Govemment Code. I I The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: ^^^^^^ ^B>aE<^^ Address: (^^f^^ ^t^/U-C/' Phone Number: "JfjO. V^<^2- &> ^S'C> PROPERTY OWNER Name: Address: 90 ^IJIX^IIA S^- Phone Number: 7^C?. ^^9^' ^^^^ Address of Site: ^.^/^X Kl^U/ &>/f/nf> ^ CAk^j^^^^^b CA Local Agency (City and Countv): ^/~/y <OP C^Jt/'SBAh Assessor's book, page, and parcel number: ^X/^ ~ ^D^O '~OtD Specify list(s): Regulatory Identification Number:. Date of List: Applican' Prope,gfjWneL^jgn^ The Hazardous Waste and Substances Sites List (Cortese List) is 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. P-1(C) Page 1 of 2 Revised 07/10 City of Carlsbad Faraclay Center Faraday Cashiering 001 1201901-2 01,/19/2012 98 Thu, Jan 19, 2012 05:21 PM Receipt Ref Nbr: R1201901-2/0043 PERMITS - PERMITS Tran Ref Nbr: 120190102 0043 0046 Trans/Rcpt#: R0088056 SET #: CDP12001 Amount: 1 ® $805.64 Item Subtotal; $805.64 Item Total: $805.64 1 ITEM(S) TOTAL: $805.64 Check (Chk# 3033) $805.64 Total Received: $805.64 Have^^ice day! /•' **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllllllllll Applicant: BURGOS ROGER Description CDP12001 7562 NAVIGATOR CR CBAD Amount 805.64 Receipt Number: R0088056 Transaction ID: R0088056 Transaction Date: 01/19/2012 Pay Type Method Description Amount Payment Check 3033 805.64 Transaction Amount: 805.64 o ^ MINOR COASTAL „ , rMTwci ^oMCMT DEDimiTi Dcvg/oiPmgnt Serwcgs 5^ CITYOF DEVELOPMENT PERMIT/ — _ _ ciMrsi c CAMILY occincMoc Planning Division ICA P-6 SINGLE FAMILY RESIDENCE , A r»r»i 1^ ATK-kk^i lo35 Faraday Avenue CARLSBAD APPLICATION www.carlsbadca.gov A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application 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'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. => New Residential Square Footage: square feet x $ Isq. ft. = $ Residential Addition Square Footage: square feet x $ Isq. ft. = $ Any Garage Square Footage: square feet x $ Isq. ft. = $ Residential Conversion Square Footage: . ^ square feet x $/^.r7 ISQ. ft. = $ f,y30^^ Please contact the City of Carlsbad Building and Code Enforcement Division for current 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: $ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 0^ 2. A Coastal Development Permit ($60,000 or more cost estimate) C] C. Street address of proposed development p-6 Page lof 6 Revised 6/11 D. Assessor's Parcel Number of proposed development E. Development Description: Briefly describe proiect: (^"fi T>^l^(OL\ GV-^^^ V<?0F "f^ v>^'X2:^iKOi)^.h. A^ds ^P^Iylr^ tnCt^ m:rjF^ AHt^ F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: 3? HlG/fe^ i (y l4o>US.<: South: /^AK^ East: Sni 6 /JZ. 11 y //^/^v^ ^ West: II G. Is project located within a 100-year flood plain? G Yes Q No PRESENT USE OF PROPERTY A. Are there existing structures on the property? JS3^es Q No If yes, please describe. _i j B. Will any existing structure be removed/demolished? "SfYes O No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). LOT COVERAGE A. Existing and Proposed Existing Proposed Total Building Coverage sq. ft. sq. ft. sq. ft. % Landscaped Area sq. ft. sq. ft. sq. ft. % Hardscape Area sq.ft. sq.ft. sq.ft. % Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. % B. Parking: Number of existing spaces M M- 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 p-6 Page 2 of 6 Revised 6/11 Number of compact spaces Is tandem parking existing? [H Yes # [H No Is tandem parking proposed? [H Yes # Q No Grade Alteration: / Is any grading proposed? O Yes ^^^o ^/n: If yes, please complete the following: 1. Amount of cut cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope feet 5. Amount of import or export cu. yds. 6. Location of borrow or disposal site P-6 Page 3 of 6 Revised 6/11 c The following materials shall be submitted for each singie family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. 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 Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. GENERAL INFORMATION Sb. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. ]b. Location, size and use of all easements, •c. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing / location, number and typical dimension of spaces, and wheel stops. [Tjd. Distance between buildings and/or structures. 0e. Building setbacks (front, rear and sides), •f. Location, height and materials of walls and fences, •g. Dimensions/location of signs. 0n. A summary table of the following (if applicable to the application): 0(1) Street address and assessor's parcel number. 0{2) Site acreage. 0(3) Existing Zone and Land Use Designation. •(4) Proposed land use. 0(5) Total building coverage (in square feet and as a percent). •(6) Percent of site to be landscaped. •(7) Number of parking spaces required/provided. •(8) Square Footage of open or recreational space (if applicable). •(9) Cubic footage of storage space (if applicable), •i. 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 Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: • l. 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 applicable). •2. Earthwork volumes: cut, fill, import and export. •3. Spot elevations at the corners of each pad. •4. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. •5. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. •6. 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. p-6 Page 4 of 6 Revised 6/11 C. BUILDING ELEVATIONS AND FLOOR PLANS - Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: •j. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. Q^. Existing and proposed construction. D4. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). J5. Building Heights of all structures (top of roof and top of roof projections) 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 Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. IL REQUIRED DOCUMENTS AND SUBMITTAL ITEMS A completed Land Use Review Application Form. Completed Coastal Development Permit Application. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. Disclosure Statement. Two (2) copies ofthe Preliminary Title Report (current within the last six (6) months). •F. Completed "Project Description/Explanation" sheet. •G. Two copies of a completed and signed "Storm Water Standards Questionnaire". This form can be found on the City's website: http://www.carlsbadca.gov/business/building/Documents/E- 34.pdf (Distribute copy to Land Development Engineering). •H. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Project", submit a preliminary Storm Water Management Plan (SWMP) prepared in accordance with the City Standard Urban Storm Water Mitigation Plan (SUSMP) per the City of Carlsbad Land Development Engineering Standards. Property Owner's List and Addressed Labels: 0D. 0L Single Familv Residence 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest 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 Smith 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 92008 P-6 Page 5 of 6 Revised 6/11 3. 60O' 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 City Planner if the required scale is impractical. 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 fonvard until this information is received. Minor Coastal Development Permit 1. 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 mailing labels of the addresses within a 100' radius. p-6 Page 6 of 6 Revised 6/11 RECORDING REQUESTED BY: Flr^ Amari^n Title Company Mail Tax Statement To AND WHEN RECORDED MAIL TO: Mr. and Mrs. Rugelio Burgos 7562 Navigator Circle Carlsbad, CA 92011 DOCtt 2011-0510152 lillliiillliiiiii 6461 SEP 30.2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFiCE Eine*t J. Dronenburg, Jl.. COUNTY RECORDER FEES: 939.00 OC: OC PAGES: TlUe Order No.: 3722507-16 Escrow No.: 002467-AML GRANTDEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX Is $924.00 [X] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale. I ] Unincorporated area [X] City of Carlsbad AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kevin Andrew Sturdy, Trustor and Trustee ofthe Kevin Andrew Sturdy Living Trust dated June 29,2004, hereby GRANT(s) to: Rogelio Burgos and Mabela Burgos husban<a and wife as. joint Tenants the real property in the City of Carlsbad, County of San Diego, State of Califomia, described as: Lot 22 of Cartsbad Tract 85-14 Phase 1, in the City of Carlsbad, County of San Diego, State of Califomia, according to Map thereof No. 11616, filed in the Office of the County Recorder of San Diego County on September 12,1986. Also Known as: 7562 Navigator Circle, Carisbad, CA 92011 AP#: 216-420-22-00 This is being re-recorded to correct the spelling of the buyers name. DATED August 16,2011 STATE OF CALIFORNIA COUNTY OF &M ^ On /f-T>g .jj^ -^^/i before me. /»-• bt^/v<v>^ A Notary Public in and for said State personally appeared Kevin Andrew Sturdy, Trustor and Trustee of the Kevin Andrew SturdyXiving Trust dated June 29,2004, BY: 'TUi^ Kevin Andrew Sturdy, Trustee /' who proved to me on the basisof satisfactory evidence to be the person(^ whose name(9)da^ subscribed to the within instniment and acknowledged to me that d^s^l^/th^ executed the same in (^PmKrvfS\t authorized capacity(j9^, and that by (^[l^^/th^fr signature(jj) on the instrument the person(^, or the entity upon behalf of which the person^slT acted, executed the instrument. 1 certif under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature All AI 8. A DUNCAN _ COMM. #1899566 5 I NOTARY PiaUC-CAUFORNIA a> Z •KXSaiM'J SONOMACOUMTY f ^s^Sy MY Conim. Expires Sept 8,2014 f (Seal) MAIL TAX STATEMENTS TO PARTY SHOWN BELOW; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE: CLTA Preliminary Report Form (Rev. 11/06) Order Number: DIV-3722507 Page Number: 1 First American Title First American Title Company 3131 Camino Del Rio North Suite 190 San Diego, CA 92108 Anela MIyashiro-Lindo Efficiency Escrow 2131 Palomar Airport Road Suite 325 Carisbad, CA 92011 Phone: (760)929-0300 Fax: (760)929-2266 Customer Reference: Order Number: 002467-AML DIV-3722507 (16) Titie Officer: Phone: Fax No.: E-Maii: Property: Bonnie Stark/Korey Mulvey/MarieCastillo (619)231-4657 (866)503-3866 b'tlel6@firstam.com 7562 Navigator Circle Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title Insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance desalbing the land and the estate or Interest therein hereinafter set forth, insuring against loss which may be sustained by reason ofany defect, lien or encumbrance not shown or refen'ed to as an Exception below 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 Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exdusions set forth in Exhibit A of this report car«fully. The exceptions and exclusions are meant to provide you with notioe of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title Insurance and no liability is assumed hereby. If It Is desired that liability be assumed prior to the Issuance of a policy of title Insurance, a Binder or Commitment should be requested. First American We Order Number: DIV-3722S07 Page Number: 3 5. The terms and provisions contained in the document entitled "Agreement Regarding Tentative Tract Map No. 85-14" recorded July 24, 1986 as Instrument No. 86-308762 of Offlcial Records. 6. The terms and provisions contained in the document entitled "Agreement" recorded July 24, 1986 as Instrument No. 86-308960 of Official Records. 7. The terms and provisions contained in the document entitled "Deed Restriction" recorded September 05,1986 as Instrument No. 86-389462 of Official Records. 8. An offer of dedication for protected bluff areas and incidental purposes, recorded September 11, 1986 as Instrument No. 86-399392 of Official Records. To: Dedicate open-space easement The location of the easement cannot be determined from record information. 9. An offer of dedication for protected wetlands and incidental purposes, recorded September 11, 1986 as Instnjment No. 86-399393 of Official Records. To: Dedicate open-space easement The location of the easement cannot be determined from record information. 10. The terms and provisions contained in the document entitled "Deed Restriction" recorded September 11,1986 as Instmment No. 86-399394 of Official Records. 11. An easement shown or dedicated on the Map as referred to in the legal desaiption For: Public utility and access easement and incidental purposes. 12. An offer and the rejection of said offer subject to the provisions of Section 66477.2 of the government code of the State of Califomia for the dedication of view corridor, as shown on the map of said tract, which provides that a rejected offer dedication shall remain open and subject to future acceptance by the City of Carlsbad. 13. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded June 08,1988 as Instrument No. 88-273675 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national origin or source of income (as defined in Califomia Government Code §12955(p)), to the extent such covenants, conditions or restrictions violate 42 U.S.C. §3604(c) or Califomia Government Code §12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. First American Title Order Number: DIV-3722507 Page Number: 4 A declaration of annexation recorded July 01,1988 as Instrument No. 88-321277 of Offlcial Records, but deleting any covenant, condition, or restriction indicating a preference, limitation or disaimination based on race, color, religion, sex, handicap, familial status, or national origin, to the extent such covenants, condifions or restrictions violate 42 U.S.C. §3604(c) or applicable state law. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shali not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded September 08,1988 as Instrument No. 88- 452278 of Official Records. 14. The terms and provisions contained in the document entitled "A Street Maintenance Agreement for Navigator Circle" recorded June 08, 1988 as Instnjment No. 88-273676 of Official Records. 15. An easement for open space and incidental purposes, recorded August 18,1988 as Instrument No. 88-410668 of CMficial Records. In Favor of: The City of Carlsbad, a Municipal corporation Affects: A portion of said land. Refer to said document for full particulars 16. An easement for either or both pdelines, underground conduits and together with the right of ingress and egress and incidental purposes, recorded October 28,1988 as Instrument No. 88- 552855 of Official Records. In Favor of: Pacific Telephone and Telegraph company Affects: A portion of said land. Refer to said document for full particulars 17. The terms and provisions contained in the document entitled "Nofice of Restriction on Real Property" recorded May 10, 2002 as Instrument No. 2002-0400120 of Official Records. 18. A Deed of Trust to secure an original indebtedness of $350,000.00 recorded April 29, 2008 as Instrument No. 2008-0228109 of Official Records. Dated: February 11,2008 Trustor: Kevin Andrew Sturdy, individually and as trustee of the Kevin Andrew Sturdy Living Trust dated June 29, 2004 Trustee: Juan Echartea Beneficiary: USAA Federal Savings Bank ("USAA FSB") The above deed of trust states that it secures an equity line/revolving line of credit A document recorded March 06, 2009 as Instrument No. 2009-0111706 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. Prior to the issuance of any policy of title insurance, the Company will require: 19. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Odier requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Pirvt Amoriran Title Order Number: DIV-3722507 Page Number: 5 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. According to Oie latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Singie Family Residence known as 7562 Navigator Circle, Carlsbad, Califomia. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, exceprt as follows: None The map attached, if any, may or may not be a survey of die land depicted hereon. Rrst American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such k>ss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: DIV-3722507 Page Number: 6 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of Califomia, desaibed as follows: LOT 22 OF CARLSBAD TRACT NO. 85-14 PHASE 1 (BATIQUITOS LAGOON EDUCATIONAL PARK), IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11616, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 12, 1986. APN: 216-420-22-00 First American Title Order Number: DIV-3722507 Page Number: 7 i Vulimi wvSo sSum iiwsaw nu oanau WIWSMI O NOTICE First American Title Order Number: DIV-3722S07 Page Number: 8 Section 12413.1 ofthe California Insurance Code, effective January 1,1990, requires that any title insurance company, undenwritten title company, or controlled escrow company handling funds in an esaow or sub-escrow capacity, wait a specifled number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. Fir^t Ampriran Titlp. Order Number: DIV-3722507 Page Number: 9 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not fiay 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 auttiority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the fxiblic 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 which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or daims thereof, which are not shown by the public records. 4. Disaepandes, conflicts In boundary lines, shortage In area, enaoachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or atte to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE Ttie following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Hi) 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 govemmental regulations, except to the extent that a notice of the enfacement 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 exerdse 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 reoxded in the public records at Date of Policy, but not excluding from coverage any taking which has occuned pria 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) whether or not recorded in the public records at Oate of Policy, but created, suffered, assumed or agreed to by the insured daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured daimant prkx- to the date the Insured daimant became an Insured under this policy; (c) resulting in no k>ss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in k>ss or damage whkh wouM not have been sustained if the insured daimant had pakl value fbr the insured mortgage or for the estate or Interest Insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the Inability or failure of the Insured at Date of Poiicy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applteable "doing business" laws of the state in which the land is situated. 5. Invalkjity or unenforceability of ttie lien of the insured mortgage, or claim thereof, which arises out of the transaction evklenced by the insured mortgage and is based upon usury or any consumer aedit protection or truth in lending law. 6. Any daim, which arises out ofthe transaction vesting in the insured the estate or interest Insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar aeditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or govemmental regulation (including but not limited to buikling and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating ttie character, dimensxxis or kication of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimenskms of area of the land, or the effect of any vk>lation of any such law, ordinance or govemmental regulation. 2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse dalms, or ottier matters (a) created, suffered, assumed or agreed to by ttie Insured claimant; (b) not known to the Company and not shown by the public records but known to ttie insured daimant eitiier at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy and not disckised in writing by the insured claimant to ttie Company prior to ttie date such insured claimant became an insured hereunder; (c) resulting in no k)ss or damage to ttie Insured daimant; (d) attaching or aeated subsequent to Date of Policy; or (e) resulting in toss or damage which woukl not have been sustained if the insured claimant had pakl value for the estate or Interest kisured by this policy. First American Title Order Number: DIV-3722507 Page Number: 10 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the foitowing exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against kiss or damage by reason of the matters shown in parts one and two fbltowing: 1. Taxes or assessments which are not shown as existtng liens by the records of any taxing authority that levies taxes or assessments on real property or by the publk: records. 2. Any facts, rights. Interests, or claims which are not shown by the public records but which couki be ascertained by an inspection of said land or by making inquiry of persons in possesston thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, enaoachments, or any other facts which a correct survey woukl disctose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or govemmental regulatton (induding but not limited to buikling and zoning ordinances) resb-lcting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimenskms or tocatton any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a redudton m tfie dimenskxis or area of tfie land, or the effect of any vtolatton of any such law ordinance or govemmental regulatton. 2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this poltoy or acquired the insured mortgage and not disctosed in vm-iting by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting In no toss or damage to the insured claimant; (d) at^ching or created subsequent to Date of Policy (except to the extent insurance is affbrded herein as to any statutory lien fbr labor or material or to the extent insurance is affbrded herein as to assessments fbr street improvements under consbuction or completed at Oate of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the Insured at Date of Policy or of any subsequent owner of the indebtedness to comply with appltoable "doing business" laws of tfie state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American l.and Title Assodation Lenders Policy is used as a Standard Coverage Poltoy and not as an Extended Coverage Policy, the exclustons set forth in paragraph 4 above are used and the fbltowing excepttons to coverage appear In the policy. SCHEDULE B This policy does not insure against kiss or damage by reason of the matters shown in parts one and two foitowing: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but virhich could be ascertained by an inspectton of sakl land or by making inquiry of persons in possesston thereof. 3. Easements, daims of easement or encumbrances which are not shown by the publto records. 4. Discrepancies, conflicts to boundary lines, shortage in area, enaoachments, or any other facts whtoh a correct survey woukl disdose, and which are not shown by public records. 5. Unpatented mining claims; reservations or excepttons in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE Tlie fbltowing matters are expressly exduded from the coverage of Uiis policy and Uie Company will not pay toss or damage, costs, attorneys' fees or expenses whtoh arise by reason of: First American Title Order Number: DIV-3722507 Page Number: 11 1. (a) Any law, ordinance or govemmental regulation (Including but not limited to buikling and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) tiie occupancy, use, or enjoyment of the land; (ii) the character, dimenstons or tocatkm of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimenstons 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 vtolation of these laws, ordinances or govemmental regulattons, 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 vtolatton 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 ttiat a notice of ttie exerdse thereof or a notice of a defect, lien or encumbrance resulting from a vtolation or alleged vtolatton affecting the land has been recorded In the pubiic records at Oate of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubiic records at Date of Policy, but not excluding from coverage any taking which has occurred prkx to Date of Policy which would be binding on the rights of a purchaser fbr value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) viihether 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 disckjsed In writing to the Company by the insured daimant prior to the date the insured daimant became an insured under this policy; (c) resulting in no toss or damage to the insured claimant; (d) attaching or aeated subsequent to Date of Policy (except to the extent that this policy insures the prtority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under constructton or completed at date of policy); or (e) resulting In k}ss or damage which woukl not have been sustained if the insured daimant had pakl value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Oate of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable "doing business" iaws of the state in which the iand is situated. 5. Invalklity or unenforceability of the lien of the insured mortgage, or claim thereof, whtoh arises out of the transaction evklenced 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 dalm of prtority 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 ni^ 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 daim, 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 aeditors' rights laws, that is based on: (i) the b-ansaction aeating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordinatton of the interest of ttie insured mortgagee as a result of the application of the dodrine of equitabte subordination; or (iii) Uie transaction creating the Interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from ttie failure: (a) to timely record the Instilment of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien aeditor. 7. AMERICAN LAND TITIB ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the Amertoan Land Title Associatton policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdustons set forth in paragraph 6 above are used and ttie fbltowing exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against toss or damage (and ttie Company will not pay costs, attomeys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but whtoh coukl be ascertained by an inspectton of said land or by making inquiry of persons In possesston thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Disaepandes, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey woukl disctose, and which are not shown by public records. 5. Unpatented mining claims; reservattons or excepttons in patents or in Acts authorizing the issuance thereof; water rights, daims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay bss or damage, costs, attomeys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulatton (Including but not limited to buikling and zoning laws, ordinances, or regulattons) resb-lctlng, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimenskxis or tocation of any improvement now or hereafter erected on the land; (ill) a separatton in ownership or a change in the dimenskxis 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 vtolation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance First American Title Order Number: DIV-3722507 Page Number: 12 resulting from a violation or alleged violation affecting the iand 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 Uie public records at Date of Policy, but not exduding from coverage any taking which has occurred prior to Date of Policy which wouto be binding on the rights of a purchaser fbr value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured daimant; (b) not known to the Company, not recorded in the publto 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 toss or damage to the insured daimant; (d) attaching or aeated subsequent to Date of Policy; or (e) resulting in toss or damage which would not have been sustained if the insured daimant had pakl value fbr the estate or interest insured by ttiis policy. 4. Any dalm, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operatton of federal bankruptcy, state insolvency, or similar creditors' rights lavis, ttiat Is based on: (i) the b-ansacUon aeating the estate or Interest Insured by ttils policy being deemed a fraudulent conveyance or fraudulent transfer; or (11) the b-ansactton aeating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential ti-ansfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien aeditor. 9. AMERICAN LANO TITLE ASSOCUTION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPHONS When the American Land Titie Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the foitowing exceptions to coverage appear in the policy. SCHEDULE B This policy does not Insure against toss or damage (and ttie Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments whtoh are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the publto records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which couto be ascertained by an Inspection of sakl land or by making Inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances whtoh are not shown by the public records. 4. ITiscrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts whtoh a correct survey woukl disctose, and which are not shoim by putHlc records. 5. Unpatented mining claims; reservattons or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the publto records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In additkm to the Excepttons in Schedule B, you are not insured against toss, costs, attorneys' fees and expenses resulting fi-om: 1. Governmental police power, and the existence or vkilatton of any law or govemment regulation. This indudes buikling and zoning ordinances and also laws and regulations conceming: * land use * land diviston * improvements on the land environmental protection This exclusion does not apply to vtolations or the enforcement of these matters whtoh 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. Tlie right to take the land by condemning It, unless: * a notice of exercising the right appears in the publto records on the Policy Date * ttie taking happened prtor to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are aeated, altowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless ttiey appeared In the public records * that result in no toss to you * that first affect your title after the Poiicy Date - this does not limit ttie labor and material lien coverage in Item 8 of Covered TiUe Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outskle the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exdusion does not limit the access coverage in Item 5 of Covered Title Risks. First American Title Order Number: DIV-3722507 Page Number: 13 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Excepttons In Schedule B, You are not insured against toss, costs, attorneys' fees, and expenses resulting from: 1. Govemmental police power, and the existence or vtolation of those portions of any law or govemment regulatton concerning: a. building b. zoning c. land use d. Improvements on ttie land e. land diviston f. environmental protection This Exclusion does not limit the coverage described in Covered Risk S.a., 14,15,16,18,19, 20, 23 or 27. 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 limit the coverage described In Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exdusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are aeated, altowed, or agreed to by You, whether or not they are recorded in the Publto Records; b. that are Known to You at ttie Policy Date, but not to Us, unless they are recorded in the Public Records at tiie policy Date; c. that result in no loss to You; or d. that flrst occur after the Policy Date - this does not limit the coverage desaibed In Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Titie. 6. Lack of a right: a. to any land outskle the area spedfically desaibed and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exduston does not limit the coverage desaibed in Covered Risk 11 or 21 UMHATIONS ON COVERED RISKS Your insurance for ttie following Covered Risks is limited on the Owner's Coverage Statement as foltows: Covered Risk 16,18,19 and 21, Your Deductible Amount and Our Maximum Ooliar Limit of Uability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as fbltows: Your Deductible Amount Our Maximum Dollar Umit of Uability Covered Risk 16:1% of Policy Amount or $5,000.00 (whichever is less) $10,000.00 Covered Risk 18:1% of Poiicy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21:1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy and the Company will not pay toss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, pemiit, or govemmental regulatton (induding those relating to buikling and zoning) resbicting, regulating, prohibiting, or relating to (1) ttie occupancy, use, or enjoyment of the Land; (ii) the character, dimenskxis, or tocation of any Improvement erected on the Land; (ill) the subdiviskxi of land; or(iv) environmental protectton; or the effect of any vtolation of these laws, ordinances, or govemmental regulations. This Exduston 1(a) does not modify or limit the coverage provkled under Covered Risk 5, 6,13(c), 13(d), 14 or 16. (b)Any govemmental police power. This Exduskxi 1(b) does not modify or limit the coverage provkled under Covered Risk S, 6,13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exduston does not modify or limit the coverage provkled under Covered Risk 7 or 8. 3. Defects, Itens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by ttie Insured Claimant; (b) not Known to the Company, not recorded in the Publto Records at Date of Policy, but Known to the Insured Claimant and not disctosed in writing to tiie Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; Fir<:t Amfriran Titip Order Number: DIV-3722507 Page Number: 14 (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or aeated subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk ll, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in toss 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 an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invaltoity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the ttansactlon evklenced by the Insured Mortgage and is based upon usury, or any consumer credit protectton or truth-ln-lending law. This Exduston does not modify or limit the coverage provWed In Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A Is no tonger the owner of ttie estate or interest covered by Uiis policy. This Exduston does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and aeated or attaching subsequent to Oate of Policy. This Exduston does not modify or limit the coverage provkled in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of It, to have been consbuded before, on or after Date of Policy In accordance with applicable buitoing codes. This Exclusion does not modify or limit the coverage provkled in Osvered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCUTION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE The foitowing matters are expressly excluded from the coverage of this policy, and the Company will not pay toss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to buikling and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (li) the character, dimenstons, or location of any Improvement erected on the Land; (Hi) the subdivision of land; or (Iv) environmental protection; or the effed of any violation of these laws, ordinances, or governmental regulations. This Exduston 1(a) does not modify or limit the coverage provkled under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provtoed under Covered Risk 6. 2. Rights of emtoent domain. This Exduskxi does not modify or limit the coverage provkled under Covered Risk 7 or 8. 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 disctosed in writing to the Company by the Insured Claimant prtor to the date the Insured Claimant became an Insured under this policy; (c) resulting In no toss or damage to the Insured Claimant; (d) attaching or aeated subsequent to Date of Poiicy (however, this does not modify or limit the coverage provtoed under Covered Risk 11, 13, or 14); or (e) resulting in toss or damage that would not have been sustained if the Insured Claimant had pakl value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evtoenced by ttie Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar aeditors' rights laws, that the tt-ansactton aeating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy. 7. Any lien on the Titte for real estate taxes or assessments Imposed by govemmental authority and aeated or attaching between Date of Policy and the date of recording of the Insured Mortgage In the Publto Records. This Exduston does not modify or limit the coverage provtoed under Covered Risk 11(b). 14. AMERICAN LAND TITLE ASSOCUTION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land TiUe Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not Insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: ^"/V-cA Amprirj^n TitIp Order Number: DIV-3722507 Page Number: 15 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or daims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 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, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (li) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. TMs Exduskm 1(b) does not modify or limit the coverage provkled under Covered Risk 6. 2. Rights of eminent domain. This Exduskm does not modify or limit the coverage provkled under Covered Risk 7 or 8. 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 Publk: Records at Date of Policy, but Known to the Insured Claimant and not dlsck>sed In writing to the Company by the Insured Claimant prtor to the date the Insured Claimant became an Insured under this poiicy; (c) resulting in no toss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provkled under Covered Risks 9 and 10); or (e) resulting in toss or damage that wouki not have been sustained if the Insured Claimant had pakl value for the TWe. 4. Any claim, by reason of the operatton of federal bankruptcy, state insolvency, or similar aeditors? rights laws, that the transaction vesting the Title as shown in Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy. 5. Any lien on the Titie fbr real estate taxes or assessments Imposed by govemmental authority and created or attaching behiveen Date of Poiicy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCUTION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Tide /Vssociatton policy is used as a Standard Coverage Polk7 and not as an Extended Coverage Policy the exdustons set forth in paragraph 15 above are used and the fbltowing excepttons to coverage appear in the policy. SCHEDULE B This policy does not insure against toss or damage (and the Company will not pay costs, attorneys' fees or expenses) whk:h arise by reason of: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 daims that are not shown by the Public Records but that coukl be ascertained by an inspectton of the Land or that may be asserted by persons in possesston of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, vtolatton, variatton, or adverse circumstance affecting the Tide that woukl be disctosed by an accurate and complete land survey of the Land and not shown by the Publk: Records. 5. (a) Unpatented mining claims; (b) reservattons or excepttons in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (aX (b), or (c) are shown by the Public Records. Order Number: DIV-3722507 Page Number: 16 First American Title Order Number: DIV-3722507 Page Number: 17 First American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better sen/e your needs now and In the future, we may ask you to provide us with certain infbrmation. We understand that you may be concemed about what we will do with such infbrmation - particularly any personal or financial infbrmation. We agree that you have a right to know how we will utilize the personal informatkxi you provkje to us. Therefbre, together with our subskliaries we have adopted this Privacy Policy to govem the use and handling of your personal infbrmatran. Applicability This Privacy Polk^ govems our use of the lnfbrmatk)n that you provide to us. It does not govem the manner In whKh we may use Informatkm we have obtained from any other source, such as infbrmatkin obtained from a public record or from another person or entity. First American has also adopted broader gukJellnes that govem our use of personal infbrmatkxi regardless of Its source. Rrst American calls these guidelines its Fair Information Values. Types of Information Depending upon whk:h of our services you are utilizing, the types of nonpublic personal infbrmation that we may collect include: • Infbrmatkm we receive from you on applications, fbrms and in other communications to us, whether in writing. In person, by telephone or any other means; • Infbrmatkm atxiut your transactkms with us, our affiliated companies, or others; and • Infbrmation we receive from a consumer reporting agency. Use of Infonnation We request information from you for our own legitimate business purposes and not fbr the benefit of any nonaffiliated party. Therefore, we will not release your infbrmatkx) to nonaffiliated parties except: (1) as necessary fbr us to provkie the product or senice you have requested of us; or (2) as permitted by law. We may, however, store such Informatkxi Indeflnitely, including the period after which any customer relatkxiship has ceased. Such Infbrmation may be used fbr any intemal puniose, such as quality control eflbrts or customer analysis. We may also provkle all of the types of nonpublic personal Infbrmation listed above to one or more of our affiliated companies. Such affiliated companies inckide finandal service provklers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies Involved in real estate servtoes, such as appraisal companies, home wananty companies and escrow companies. Furthermore, we may also provide all the Infbrmatkxi we collect, as descritied above, to companies that perform mariteting services on our behalf, on behalf of our affiliated companies or to other financial institutkxis with whom we or our affiliated companies have joint maritebng agreements. Former Customers Even if you are no kxiger our customer, our Privacy Policy will continue to apply to you. Confidcntiaiity and Security We will use our best effbrts to ensure that no unauthorized parties have access to any of your Infbrmatkxi. We resbict access to nonpublk: personal infbrmation about you to those Indivkluals and entities who need to know that informatkxi to provkle products or senrices to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We cunmtly maintain physkal, electronk:, and procedural safeguards that comply with lederdi regulatkxis to guard your nonpublic personal infbrmation. Infbrmation 0l>tained Through Our Web Site First American Rnancial Corporation is sensitive to privacy Issues on the Intemet. We believe it is important you know how we treat the information about you we receive on Uie Intemet. In general, you can visit Rrst American or its affiliates' Web sites on the Worid Wkle Web without telling us who you are or revealing any Infbrmation about yourself. Our Web servers collect the domain names, not the email addresses, of visitors. This Infbrmation is aggregated to measure tiie number of v^, average time spent on Uie site, pages viewed and similar information. Rrst American uses this information to measure the use of our site and to deveksp kleas to Imprave Uie content of our site. There are times, however, when vie may need infbrmation firom you, such as your name and email address. When information Is needed, we will use our best effbrts to let you know at the time of collection how we will use the personal information. Usually, the personal infbrmatkxi we collect Is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile infbrmation. If you choose to share any personal information with us, we will only use it In accordance with the polkjes outiined above. Business Relationships Rrst American Finandal Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standartls and respect fbr privacy, we are not responsible fbr the content or the privacy practices empkiyed by other sites. Cookies Some of Rrst American's Web sites may make use of 'cookie" technology to measure site activity and to customize infbmiation to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store ttie cookie on your hard drive. RrstAm.com uses stored cookies. The goal of this technokigy is to better serve you when visiting our site, save you time when you are here and to provkle you with a more meaningful and productive Web site experience. Fair Infonnation Values Fairness We conskler consumer expectations about Uieir privacy In all our businesses. We only offer prxxlucts and servkxs that assure a fovorable balance between consumer benefits and consumer privacy. Public Record We believe Uiat an open public record creates signifkant value fbr society, enhances consumer choice and creates consumer opportunity. We actively support an open publk: record and emphstze its Importance and contiibution to our economy. Use We believe we shouki behave responsibly when we use infbrmation about a consumer In our business. We will obey the laws goveming the collection, use and dissemination of date. Accuracy We virill take reasonable steps to help assure the accuracy of Uie date we collect, use and dteseminate. Where possible, we will take reasonable steps to correct inaccurate infbrmation. When, as with the public record, we cannot correct inaccurate infbrmation, vw will take all reasonable steps to assist consumers in klentifying the source of the erroneous date so that the consumer can secure the required conections. Education We endeavor to educate the users of our products and senrices, our empkiyees sid others in our indusbv about the importance of consumer privacy. We will insbuct our empkiyees on our fair infbrmation values and on the responsible colkiction and use of date. We will encourage others in our Industi-y to colkxt and use Infcx-matkxi In a responsible manner. Security We will maintain appropriate fodlities and systems to protect against unauthorized access to and corruption of tiie date vne maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Infbrmatkm (2001-2010 First American Rnancial Corporatton) NOTICE OF EXEMPTION fiLi: CQr'l To: SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway SanDiego, CA 92101 From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title: CDP 12-01 - Burgos Residence Project Location - Specific: 7562 Navigator Circle Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Second floor deck addition to an existing single family residence. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Greg Fisher Name of Applicant: AGC Design Concept, Inc.. Alex Cuevas Applicant's Address: 350 North Glenoaks Boulevard. Suite 307. Burbank. CA 91502 Applicant's Telephone Number: 818-566-4000 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)); 13 Categorical Exemption - State type and section number: 15301 (Existing Facilities) • Statutory Exemptions - State code number: • General rule (Section 15061 (b)(3)) Reasons why project is exempt: Addition to existing structure of less than 50 percent of the floor area ofthe structure before the addition. Lead Agency Contact Person: Greg Fisher Telephone: (760) 602-4629 DONNEU, City Planner Date received for filing at OPR: Date Revised 06/10 CITY OF nLC wUr i V (CARLSBAD Planning Division www.carlsbadca.gov March 12, 2012 Roger Burgos 7562 Navigator Circle Carlsbad, CA 92011 SUBJECT: CDP 12-01 - BURGOS RESIDENCE - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project Is exempt from the provisions of CEQA, pursuant to CEQA Section 15301 (Existing Facilities) of the state CEQA Guidelines. No environmental review is required for the project. A Notice of Determination will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Greg Fisher, at (760) 602-4629 or greg.fisher@carlsbadca.gov. DON NEU, AICP City Planner DN:gf:sm c: Chris DeCerbo, Principal Planner Glen Van Peski, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © Discretionary Review Checklist PROJECT NUMBER: CDP 12-01 BUILDING ADDRESS: 7562 NAVIGATOR CIRCLE PROJECT DESCRIPTION: REMODEL OF EXISTING ROOF (Partial) TO ACCOMMODATE DECK ASSESSOR'S PARCEL NUMBER; 216-420-22 FIRE DEPARTMENT The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with Instmctions in this report can result in suspension of permit to build. By: ^. fiya4V Date 3/2/2012 DENIAL Please see the attached report of deficiencies marked with [El. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Deputy Fire Marshal ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 CITY OF CARLSBAD REVIEW AND COMMENT MEMO FILE copy DATE: JANUARY 20. 2012 PROJECT NO(S): CDP 12-01 REVIEW NO: 1 PROJEa TITLE: BURGOS RESIDENCE APPLICANT: AGC DESIGN CONCEPT - ALEX CUEVAS TO: M • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 02/09/2012. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 05/11 •r CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JANUARY 20. 2012 PROJECT NO(S): CDP 12-01 REVIEW NO: 1 PROJECTTITLE: BURGOS RESIDENCE APPLICANT: AGC DESIGN CONCEPT - ALEX CUEVAS TO: • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian "^ALWAYS SEND EXHIBITS FROM: PLANNINGDEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 02/09/2012. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you ^ / ,^ ^ COMMENTS: Sl/S/^/T^ C^/^C^y^ (^/l/5%}^g/7g)/t/ /"^^ Signature ' Date PLANS ATTACHED Review & Comment 05/11 gjf <lt-^An.°coAr. a FILE ^ CARLSBAD Planning Division www.carlsbadca.gov March 12, 2012 Mr. Roger Burgos 7562 Navigator Circle Carlsbad, CA 92011 SUBJECT: NOTICE OF RESTRICTION - CDP 12-01 - BURGOS RESIDENCE Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CDP 12-01. Please ensure the following items are addressed priorto returning the Notice of Restrictiqn: ^ Correct Notary Acknowledgement Required (Effective Januarv 1. 2008. all Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) • ^ Document must be properly notarized. ^ Name on signature page and name on Notarial Acknowledgement must match. ^ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ^ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light). ^ Include property owner's name in the designated space above the owner's signature. ^ Please pay particular attention to the signature requirements at the bottorti of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760)-. 602-4615 or via email at michele.masterson(gcarlsbadca.gov. Sincerely, GREG FISHER Assistant Planner CED Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 A c Q F!LEC0F7 CITV OF V (CARLSBAD Planning Division www.carlsbadca.gov February 9, 2012 AGC Design Concepts, Inc. Attn: Alex Cuevas 350 North Glenoaks Boulevard, Suite 307 Burbank, CA 91502 SUBJECT: 1st REVIEW FOR CDP 12-01 - BURGOS RESIDENCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Coastal Development Permit, application no. CDP 12-01, 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 otherwise 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 Division will begin processing your application as ofthe date of this communication. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Glen Van Peski, Engineering Manager, at (760) 602-2783. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:sm c: Roger Burgos, 6640 Grulla Street, Carlsbad, CA 92009 Don Neu, City Planner Glen Van Peski, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 7 760-602-4600 F 760-602-8559 © CDP 12-01 - BURGOS ^SIDENCE February 9, 2012 Paqe 2 ISSUES OF CONCERN Planning: 1. Please change the word "new" to "existing" in regards to the residence as shown on the site plan, sheet AS-1. 2. Include the City's assigned project number, CDP 12-01 in the upper right hand corner of the site plan. Engineering: None STATE OF CALIFORNIA— NATURAL RESOURCES AG(fl • EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 FAX (619) 767-2384 www.coastal.ca.gov NOTIFICATION OF APPEAL PERIOD DATE: March 6, 2012 City of Carfsbad TO: Greg Fisher «P « « nn^o City of Carlsbad, Planning Department """'^ M L\S\L 1635 Faraday Avenue Community & Economic Carlsbad, CA 92008-7314 Development Department FROM: Toni Ross, Coastal Program Analyst RE: Application No. 6-Cil-12-032 Please be advised that on March 1, 2012 our office received notice of local action on the coastal development permit described below: Local Permit*: CDP 12-01 Applicant(s): Age Design Concepts Description: The construction of a 124 sq. ft. second floor deck addition to an existing single family residence located directly north of Batiquitos Lagoon. The project will include the removal of the existing roofing on a portion of the home that is single level and construct a deck in it's place. The proposed addition will not modify the existing building footprint Location: 7562 Navigator Circle, Carlsbad (San Diego County) Unless an appeal is filed with the Coastal Commission, the action will become final at the end ofthe Commission appeal period. The appeal period will end at 5:00 PM on March 15, 2012. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. cc: Age Design Concepts CALIFORNIA COASTAL COMMISSION <im> CITY OF V (CARLSBAD Planning Division FILE CCF7 NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT www.carlsbadca.gov The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON Februarv 28. 2012 Application #: CDP 12-01 Filing Date: Februarv 28. 2012 Case Name: Burgos Residence Decision Date: Februarv 27. 2012 Applicant: AGC Design Concepts, inc. Agent (if different): Address: 350 North Glenoaks Boulevard. Suite 307, Address: Burbank, CA 91502 Phone: Phone: 818-566-4000 Project Description: Second floor deck addition to an existing single familv residence. Project Location: 7562 Navigator Circle. Carlsbad. CA 92011 ACTION: • APPROVED 12^ APPROVED WITH CONDITIONS • DENIED (Copy affinal resolution/decision letter is sent to: Coastal Commission, any persons wiio spedfically requested it, and tiie applicant). COASTAL COMMISSION APPEAL STATUS: • NOT APPEALABLE TO THE COASTAL COMMISSION. ^ APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within which judicial review ofthis decision must besought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation ofsuch a record, the time within which such petition may be filed in court is extended to not later thon thirty (30) days following the date on which the record is either personally delivered or moiled to the party, or his attorney of record, if he has one. A written request for the preporation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © Ed o- to cr r • a CJ a Ln ru ru tr tu • U.S. Postal Service ry CERTIFIED MAIL™ RECEIPT _ (Domestic Mail Only; No Insurance Coverage P. dea For delivery information visit our website at www.usps.com© Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deiivery Fee (Endorsement Required) ODP )b-C|. Llo+bt P^r!5iDe£:<5i»i/s f Postmark Here Totai PosI SenI To Street, Apt. or PO Box i Cifyisiaie' California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 PS Form 3800. August 2006 ee Heverse ior instructions ^ w w QFILE ^ CARLSBAD Community & Economic Development www.carlsbadca.gov ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION DATE: January 31, 2012 APPLICATION NUMBER: CDP 12-01 PROJECT DESCRIPTION: Add approximately 124 square feet of decking to the second floor of an existing single family residence. LOCATION: 7562 Navigator Circle, Carlsbad, CA 92011 APN 216-420-22 The proposed development is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will onlv be held upon written request, within 15 working days from the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The Citv Planner will determine this application 15 working days after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Greg Fisher, at the City of Carlsbad Planning Division, (760) 602-4629, IVlonday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © SITE MAP N NOT TO SCALE Burgos Residence CDP 12-01 Smooth Feed Sheets™ MS. LOUISE L HAY 7558 NAVIGATOR CIR CARLSBAD CA 92011 PELLEGRINO FAMILY TRUST 7560 NAVIGATOR CIR CARLSBAD CA 92011 Use template for 5160® BURNS FAMILY REVOCABLE TRUST 7564 NAVIGATOR CIR CARLSBAD CA 92011 FORTH ANDREW J & MARYANN 7566 NAVIGATOR CIR CARLSBADCA 92011 FINLEY REVOCABLE TRUST 7567 NAVIGATOR CIR CARLSBAD CA 92011 WEISS MARC SEP. PROP. TRUST 7569 NAVIGATOR CIR CARLSBAD CA 92011 California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 A-notice has been maiied to iiW property owners/occuptints lisied herein. Date: /-.^/y^ Signature: /3~ ^ AVERY® Address Labels Laser 6241 TM CITY OF CARLSBAD Planning Division FILE copy www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION February 27, 2012 AGC Design Concepts, Inc. Attn: Alex Cuevas 350 North Glenoaks Boulevard, Suite 307 Burbank, CA 91502 RE: CDP 12-01 - BURGOS RESIDENCE The City has completed a review of the application for a Minor Coastal Development Permit for the development of a second floor deck located at 7562 Navigator Circle. It is the City Planner's determination that the project CDP 12-01 - BURGOS RESIDENCE, is consistent with the applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and with all the City's other applicable City ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: 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 proposed development is in conformance with the West Batiquitos Lagoon/Sammis Properties segment of the Certified Local Coastal Program and all applicable policies in that the site Is designated for single family residential uses and the development is a second floor deck addition to an existing single-family house on a previously developed lot; the second floor deck will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the developed site, nor are there any sensitive resources located on the property. In addition, the existing single- family dwelling unit Is not located in an area of known geologic instability or flood hazards. Although the site does have frontage along the Batiquitos Lagoon, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. 4. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion; no development is proposed in areas of steep natural slopes (> 25% gradient); no native vegetation is located on the subject property; and, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 12-01 - BURGOS R&glDENCE February 27, 2012 PAGE 2 5. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that consistent with the Poinsettia Shores Master Plan, the project has been conditioned to dedicate to the City a 10 foot wide trail easement along the rear of the subject property for the purpose of constructing a Batiquitos Lagoon bluff top trail. Additionally, there exists a 45 foot open space easement over the rear portion of the subject property. The proposed deck will not encroach into this open space easement. 6. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990, and therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 7. That the request for a Minor Coastal Development Pemiit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. 8. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Existing Facilities) of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 9 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Garlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of a building permit. 10. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to this project, and the extent and the degree of exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building pemnit. 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit No. CDP 12-01 for the project entitled BURGOS RESIDENCE (Exhibit A), dated February 27, 2012, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. CDP 12-01 - BURGOS pfefoENCE February 27, 2012 PAGE 3 2. If any of the following conditions fail to occur; or if they are, by their temis, 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 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 ofthis 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. 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. Prior to issuance of building permit, the Developer shall be required to provide an irrevocable offer of dedication of a 10 foot wide trail easement upon the subject property for the Batiquitos Lagoon bluff trail to the satisfaction ofthe City Engineer. Trail dedications shall be accepted by the City of Carlsbad upon adoption of a Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability shall be the responsibility of another agency designated by the City or the responsibility of the Homeowner^s Association. Upon acceptance of the dedication, including maintenance and liability responsibilities, and completion of the trail improvements, the trail shall be open for public use. 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for CDP 12-01 - BURGOS RfelDENCE February 27, 2012 PAGE 4 inclusion in the Notice of Restriction. The City Planner 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 the time of building permit issuance, except as otherwise specifically provided herein. NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $620.00 plus noticing costs. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any quesfions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. Please take NOTICE that approval of your project includes the "imposifion" of fees, dedicafions, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposifion of these fees/exacfions. If you protest them, you must follow the protest procedure set forth in Government Code Secfion 66020(a), and file the protest and any other required informafion with the City Manager for processing in accordance with Carlsbad Municipal Code Secfion 3.32.030. Failure to fimely follow that procedure will bar any subsequent legal acfion to attack, review, set aside, void, or annul their imposifion. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exacfions DOES NOT APPLY to water and sewer connecfion fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connecfion with this project; NOR DOES IT APPLY to any fees/exacfions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitafions has previously otherwise expired. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:GF:sm Roger Burgos, 6640 Grulla Street, Carlsbad, CA 92009 Don Neu, City Planner Chris DeCerbo, Principal Planner Glen Van Peski, Project Engineer File Copy Data Entry California Coastal Commission (NoFA)