HomeMy WebLinkAboutCDP 13-06; Buffini Residence; Coastal Development Permit (CDP) (2)LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .ca rlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Administrative Permit
0 Coastal Development Permit(*) 0 M in or
~Conditional Use Permit(*)
~inor 0 Extension
0 Environmental Impact Assessment
0 Habitat Management Permit
0 Hillside Development Permit (*)
0 Planned Development Permit
D Residential 0 Non-Residential
0 Planned Industrial Permit
0 Planning Commission Determination
0 Site Development Plan
0 Special Use Permit
0 Tentative Tract Map/Parcel Map
0 Variance 0 Administrative
CI
in or
~f r~4
0 General Plan Amendment
0 Local Coastal Program Amendment (*)
0 Master Plan
0 Specific Plan
0 Zone Change (*)
D Amendment
0 Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
Village Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).: 2-10 -0'3 I -06-oc::>
PRoJEcT NAME: 'Bvffl N 1 RESt '[;;)EN <:.E. J:)e'"c.k.. At:>b ; s~ Att> f~ '?eJ
BRIEF DESCRIPTION OF PROJECT: SH~ IN M.A>"1"EE-.. ~f>ArNDEl> I 1\!AII.) LE\l'eL t?E;c.Jc...
At>D t\\ol\) ofF PltJIA'( (..Ot:"Sr <PAU..... 1 Rtx£ l?E:CJ.<. v.l( ±tte\&. ~ A'b"t>tn~.
BRIEF LEGAL DESCRIPTION: Ltt\ ~ If\) "8t...oc...K.. O~l o{:. ~'A~ "2-<'oc=tfo-~ \.)~('t"
b\t>. t kt \M.i\e ~1?;> -Uc ~ l\E.t>l~ I CSt\\t CMf?"t:iTt>/ COUt:?rt( ~ I ~
LOCATION OF PROJECT: 5c1~ "SHORE D~\\1€
ON THE: W€17-r SIDE OF --:-==-:-(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
~~s AND
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of6 Revised 11/12
OWNER NAME (Print): ~AtJ 'f>yEfi~l
MAILINGADDRESS: l ~JO '5\iJZ.IZA \..ll\bA n~
CITY, STATE, ZIP: ~~1>1b0 I CA 1:z.o:z.c; eco-tts-3ffl5 x zto~ TELEPHONE:
EMAIL ADDRESS: "81!JAN4ap ~ PM/CL>KI. CM1
APPLICANT NAME (Print):
MAILING ADDRESS: --------------------------CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND RRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNO GE. THE BEST OF MY KNOWLEDGE.
SIG SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print): AL 5/ffJE"a.IE: oF AL-SJMWA/6 /:>E:S/6/J
MAILING ADDRESS: ?f!J.A j.;v-ffY,IJE: AVE". 1'/n-: c
CITY, STATE, ZIP: _ C/~_t7!)_CA f'-IJ'i?
TELEPHONE: 8>8'-2.1-'5 -3/ ZB
EMAIL ADDREss: 1u ... s1wreq.JE.1>est we ag. Nee
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND T AT ALL THE ABOVE INFORMATION IS TRUE AND
CORRE TO EST OF MY KNOWLEDGE.
DATE
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. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS P PERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESS IN INTEREST.
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIV
MAR 11 2013
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:, ,...
Revised 11/12
4~ ... ~"*1&.:, ~ •4!,ft;'.
~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Perso~ is .. QEifined as "'Any.individual, firm, co--partnership, joint venture, association, social club, fraternal
organiZation, corporaticm, estate, trust, receiver, syndicate, in this and.any other county, city and county;
city munici~, district or othf;tr political sub~ivision or any other group or combination acting as a onit."
Agenb n,ay -~lgn:,this dpcument; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
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 publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may b~ if ~ecessary.)
Person &.ia/1 ~~ Corp/Part. ___________ _
Title OvU//c" Title ----------------
Add,ress 13/o S;q;r-a L!~ Address __________ _
df'-> ve G'.*~·J/'\.Af1 C/(j 1 C..a . ej.J.i);l.J.-
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% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person 0r--) (j:(/ ~4;/t/ Corp/Part &~t?r/ ;';s B-<-:t+f) a/
Title (OvV/If !'-Title SfclU.ce
I 2 s /. j j S::LLJ ,&V-AddreSS e<ti..' Je[-tR t:.)/V(a IZ/Address ___ ~~-~7~¥7';~~~----
/i.s4~d,r£2
Page 1 of2 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 ProfiVTrust. _______ _ Non ProfiVTrust. _________ _
Title. ___________ _ Title. _____________ _
Address. _________ _ Address. ___________ _
4. 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?
D Yes ~No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowled
-~~~~~~~~~~--~~-/~========---------~~~~~"~"~~-~~----Signature of owner/date
Print or type name of owner Print or type name of applicant
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07/10
"4'~'t0 ~V')¥ ~ CITY OF
MINOR COASTAL
DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD P-6
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:(S.Hd'WE~ t-'77Jw£R...) OIJ
+lP square feet x $ I D() /sq. ft. = $ ft ~~ ·
Residential Addition Square Footage:!DECA:.S) DO 1f38 square feet x $ /~ /sq. ft. = $ ~ 32D ·
Any Garage Square Footage:
______ square feet x $ /sq. ft. = $_---::.,....,........,....--__,...--==---=-=-
Residential Conversion Square Footage: {7E'Jt.1121f1CE: MOD/FI~R~4(S) 44-5 square feet X$ /12, /sq. ft.=$ (';,, (o15•t:JO I
::::} Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
______ square feet x $ __ /sq. ft. = $ __________ _
COST OF DEVELOPMENT ESTIMATE:$ II I 5'/5•60
J
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 9(
2. A Coastal Development Permit ($60,000 or more cost estimate) 0
C. Street address of proposed development
~o1'l S~~ l>R/v£ , CAJt!/!JMD / CA I I
P-6 Page 1 of6 Revised 05/12
D. Assessor's Parcel Number of proposed development
2,/0-03/-08'-00
E. Development Description:
Briefly describe project: t1JN{)(t.. EXPAVSIM.l fi?.BnoJec, TO &"tJSr lfi,ASlE/(
S 1/()WE/? 1 AJ)J)Jtz()AI 12F f'S S~ • Fr MAtAJ UZt/EL /:?fOt:.. OJ=F I PIA~tAf I9I2El2 we>r UJOtL , AND /ll)l)marJ oe 39.3 s~ Pr 7 RI)(;>F DE"Ck. WITH 'f3 S<Q Pr SP't£14--(. STlt/ll Jlct:e:SS 7lJ~.
F. Describe the present land uses (i.e. vacant land, single family homes, apartments,
offices, etc.) that surround the proposed development to the:
North: f!E;:;cJI &CCESS fS.o. W.
South: SJ/Jbl.E rAWI'-Y floM~
East: R,o. /V. f S/A)6L£ FJ9»11Dj fkn:eS.
West: &.!JCJL r OCE~N
G. Is project located within a 100-year flood plain? DYes I&'J No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? ~Yes D No
If yes, please describe. SJ/J~ F~Wih!j ftom~g" WitH Lor CD~F;-AfUl19.. o,C
1j/3z~-~ rr.
B. Will any existing structure be removed/demolished? g{ Yes D No
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans).
ftt'?rA Nrf MMCE""&. ~~A~ulL BE PAlZt1td.Uf t>eMo t i2Emotk~
Ill. LOT COVERAGE AS IA.lELl-A'<> \AA:t) ~'"tO.
N~ f'VWVN ~'CL ~c..K.
Existing ~posed Total
1;f3z. sq. ft. r~ sq. ft. f,zz7 sq. ft. ~. ~ %
-21 11(p sq. ft. + 1 sq. ft. ~ !$~ sq. ft. • 0'2.. % { IEfr)
Hardscape Area :5i 112. sq. ft. -7 sq. ft. 'i, f(,lj sq. ft. -• o/ % {)JE"fr)
A. Existing and Proposed
Building Coverage
Landscaped Area
Unimproved Area (Left Natural) /0 ,qqf sq. ft. 0 sq. ft. I 0 /Mfsq. ft. 0 %
B. Parking: Number of existing spaces !2. CM..G~Jt?Bt:E f Z 1:>12/vtE:: Sfbrj"
Number of new spaces proposed 0
Existing/Proposed TOTAL: 2..
Number of total spaces required Q.
Number of covered spaces 2-
Number of uncovered spaces ~
Number of standard spaces 1= -rtJrltL
P-6 Page 2 of6 Revised 05/12
P-6
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
C. Grade Alteration:
Is any grading proposed? DYes ~No
If yes, please complete the following:
0
0Yes#_~No
DYes#_~ No
1. Amount of cut __________________ cu. yds.
2. Amount of fill cu. yds.
3.
4.
5.
6.
Maximum height of fill slope _____________ feet
Maximum height of cut slope feet
Amount of import or export cu. yds.
Location of borrow or disposal site----------------
Page 3 of6 Revised 05/12
«~~;
~ CITY OF
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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:
MINOte-Co~"'t"PPL L>~M~ ren.V\\~ ~ "'Sut=-~JN\ ~t:QJOC""
~\ «so4~ SW>a.E. ~~ -ro ~"{>P..NC ~X\~\ 'Slt~f2.. L~
1\1\~"t"E~ 'C>~\ \\ I ~t>'D /1-. MAlr-l U:\JeL "Dic:c..tc::.. 0~~ '"t"t\-e" 1:>1~1~'1
A~A. \J\1<:~ \}.)~I ~t:> A.t:J\::> ~ ~~ ~ lA)~\\ "SP\tz.AC
St-~tc\ta. t-..cr..:e~s ~R 1>-.T ~ ~STI~ ~ ~~ o~
-:R~. \~ 'IJ,A.S-re.r<!-~ ~~~"51~ \S V'AI~\WlAt. ~\
v~t:E:'fa zs SC~t,l=-\. "B\S"C"" ~u..... ~ Po... com~ ~(;)~
co!"J'.J"~. .._>.\1G ~lN Le\lt"L-t::>'€:cK.. lS 9c; ~.~. {)~ ~ ~Y-"-· \
""\~ Roo~ ~C¥=-ts ~4'~ ~ "P\ J ~C> '"~ '5\~\~
-r~e12-\S 43 SQ.~.. :IN Al:>t>mcY-J 1 t<=.A\~1~ A
"fbP-\1~ o~ \Wa" ~t"':>TtNc? tN~ ~~ \"""0
iS~ \£\l'2L.. \Al\~ \~~ 'f:!'/..l~TJNCr ~ "1-C ~\\£
~~ \? P<U>f0~t). \\\'E. ~\~\•'1 ~ "Sre\)<;
""'l\?o>N 1'-~pllV,Lt MA.TI-'-j l'>;:, .,..~ P..T ~t Nt>(Z..'t"~
9\t::E"". w:e-~Ot)lJ::> ~,~ ""t1t\\s ~~ \t=> -s~ ~
LV~ "'tV\~ =e)C.l"'5\tt..lcf ~~b ~M.We: ~"€ "T\"ZE ~tT.
~~ONS \t:> ~a:; ePfEC\ 4-4-S ~~· P-1(B) Page 1 of1 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 Government Code Section 65962.5)
Pursuant to State of California Government 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 alternatives proposed in this application are not contained on the ..)4{ lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any alternatives proposed in this application .!!:! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: /JL S11YJf£cJA/~
Address: 7 37 Yz. /Ve(JTtJJI$' Av£ :It-C.
'i:tJCJAJrr-1'1-S i CA 92u* I
Phone Number: 8'S8-Z4-S-3fZ.8
PROPERTY OWNER
Name:.____;,:8~1JZ...;..I A::....;..:...;rJ__;;;;,E....:;,(),:....J~~j..:....;;AJ;...!..i __
Address: 13/0 Sicf'llllf LIJJDA 00~
£ t,;Ct>~ PI DO I CA 1 1--Dl 6
'
Phone Number: 800 -1-+5-3fB5 Jc Zi o3
Address of Site: 50 'If S Hoi!£ i)le lilt , Cfii(J..S/3/HJ 1 Ck 7 I
Local Agency (City and County): C AIU..SBI11J I JAI0 0/£'60 Cov,.;ry
Assessor's book, page, and parcel number: 2/0 -0 :S 1-t> t3 -OD
Specify list(s): __ _,jJf_.;...-.:...' A-:....~..-·-----------------------
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 of2 Revised 02/13
• •
e Fidelity National Title Insurance Company
POLICY NO.: CA-FSDG-IMP-27420-1-13-00011171
HOMEOWNER'S POLICY OF '!TILE INSURANCE
FOR A ONE-TO-FOURF AMIL Y RESIDENCE
Issued by
Fidelity National Title Insurance Company
OWNER'S INFORMATION SHEET
Your Title Insurance Policy is a legal contract between You and Us.
It applies only to a one-to-four family residence and only if each insured named in Schedule A is a Natural Person. If the
Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one-to-four family
residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately.
The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed beginning on
page 3 of the Policy. The Policy is limited by:
• Provisions of Schedule A
• Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions On Page 6
• Exclusions on page II
• Conditions on page 12.
You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by
someone else after You transfer Your Title.
IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS ON PAGE 12
The premium for this Policy is paid once. No additional premium is owed for the Policy.
This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy
explains in detail Your rights and obligations and Our rights and obligations. Since the Policy-and not this sheet-is the
legal document,
YOU SHOULD READ THE POLICY VERY CAREFULLY.
If You have any questions about Your Policy, contact:
Fidelity National Title Insurance Company, P.O. Box 45023, Jacksonville, FL 32232-5023
27410
ALTA Homeowner's Policy ofTitle Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1
~~-~-~-!.~-~~ ~-~-Q_!_!_!~E
A.SSOCIATIOI'l
• •
Order No.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
HOMEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
Issued By
Fidelity National Title Insurance Company
OWNER'S COVERAGE STATEMENT
COVERED RISKS
TABLE OF CONTENTS
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
EXCLUSIONS
CONDITIONS
l. Definitions
2. Continuation of Coverage
3. How to Make a Claim
4. Our Choices When We Learn of a Claim
5. Handling a Claim or Legal Action
6. Limitation of Our Liability
7. Transfer of Your Rights to Us
8. This Policy is the Entire Contract
9. Increased Policy Amount
10. Severability
11. Arbitration
12. Choice of Law
SCHEDULE A
Policy Number, Premium, Date and Time and Amount
Deductible Amounts and Maximum Dollar Limits of Liability
Street Address of the Land
1. Name oflnsured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE 8-EXCEPTIONS
17410
ALTA Homeowner's Policy of Title Insurance (01-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
PAGE
3
3
6
11
12
12
12
13
13
14
14
15
15
15
15
15
7
9
Page 2
~-~-~~!..-;~-~ ~-~_!? __ !~_TL_E
ASSOCIATION
• •
OrderNo.: 00011171-992-SD1 Policy No.: CA-FSDG-IMP-27420-1-13-00011171
HOMEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
Issued By
Fidelity National Title Insurance Company
As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at the
address shown in Section 3 of the Conditions.
OWNER'S COVERAGE STATEMENT
This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy. The
loss must result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved
residential lot on which there is located a one-to-four family residence and only when each insured named in Schedule A is a
Natural Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual Joss from any risk described under Covered
Risks if the event creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the
Policy Date.
Your insurance is limited by all ofthe following:
• The Policy Amount
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown
in Schedule A
• The Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions
• The Exclusions on page 11
• The Conditions on page 12
COVERED RISKS
The Covered Risks are:
1. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title because of leases, contracts, or options.
3. Someone else claims to have rights affecting Your Title because of forgery or impersonation.
4. Someone else has an easement on the Land.
5. Someone else has a right to limit Your use of the Land.
6. Your Title is defective. Some of these defects are:
a.
b.
Someone else's failure to have authorized a transfer or conveyance of your Title.
Someone else's failure to create a valid document by electronic means.
c. A document upon which Your Title is based is invalid because it was not properly signed, sealed,
acknowledged, delivered or recorded.
d. A document upon which Your Title is based was signed using a falsified, expired, or otherwise invalid
power of attorney.
27410
ALTA Homeowner's Policy of Title Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Fonn is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page3
~~-~.!!_<_:_~-~ ~~Q_-~!.-.:.~.~ ASSOCIATION
• •
OrderNo.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public
Records.
f. A defective judicial or administrative proceeding.
7. Any of Covered Risks I through 6 occurring after the Policy Date.
8. Someone else has a lien on Your Title, including a:
a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or
payable, but unpaid;
b. Mortgage;
c. judgment, state or federal tax lien;
d. charge by a homeowner's or condominium association; or
e. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date.
9. Someone else has an encumbrance on Your Title.
10. Someone else claims to have rights affecting Your Title because of fraud, duress, incompetency or incapacity.
11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right.
12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the
Land, even if the covenant, condition or restriction is excepted in Schedule B. However, You are not covered for
any violation that relates to:
a. any obligation to perform maintenance or repair on the Land; or
b. environmental protection of any kind, including hazardous or toxic conditions or substances
unless there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists.
Our liability for this Covered Risk is limited to the extent of the violation stated in that notice.
13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before
You acquired Your Title, even if the covenant, condition or restriction is excepted in Schedule B.
14. The violation or enforcement of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; or
f. environmental protection,
if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or
declaring the intention to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of
the violation or enforcement stated in that notice.
15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if
there is a notice recorded in the Public Records, describing any part of the Land, of the enforcement action or
intention to bring an enforcement action. Our liability for this Covered Risk is limited to the extent of the
enforcement action stated in that notice.
16. Because of an existing violation of a subdivision law or regulation affecting the Land:
a. You are unable to obtain a building permit;
b. You are required to correct or remove the violation; or
27410
ALTA Homeowner's Policy of Title Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AlTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page4
AMERICAN u.No.ii"TiE
• •
Order No.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or
make a Mortgage loan on it.
The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum
Dollar Limit of Liability shown in Schedule A.
17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if:
a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part
of the Land; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without
Knowing of the taking.
18. You are forced to remove or remedy Your existing structures, or any part of them--other than boundary walls or
fences-because any portion was built without obtaining a building permit from the proper government office. The
amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar
Limit of Liability shown in Schedule A.
19. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing
zoning Jaw or zoning regulation. If You are required to remedy any portion of Your existing structures, the amount
of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of
Liability shown in Schedule A.
20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning
regulation.
21. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the
encroaching structures are boundary walls or fences, the amount of Your insurance for this Covered Risk is subject
to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a
Mortgage loan on it because Your neighbor's existing structures encroach onto the Land.
23. You are forced to remove Your existing structures which encroach onto an easement or over a building set-back
line, even if the easement or building set-back line is excepted in Schedule B.
24. Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the
Land, even if the easement is excepted in Schedule B.
25. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns,
shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the
extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved
from the description of the Land or excepted in Schedule B.
26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title
which is based upon race, color, religion, sex, handicap, familial status, or national origin.
27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period
before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date.
28. Your neighbor builds any structures after the Policy Date--other than boundary walls or fences-which encroach
onto the Land.
29. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it
or make a Mortgage loan on it.
30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under
federal bankruptcy, state insolvency, or similar creditors' rights laws.
31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date.
27410
ALTA Homeowner's Policy of Title Insurance (02-03-10)
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members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
PageS
~~..!!!S~ LAND TITLE ~
• •
Order No.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public
Records.
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
We will defend Your Title in any legal action only as to that part ofthe action which is based on a Covered Risk and which is
not excepted or excluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that
defense.
We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from
coverage in this Policy.
We can end Our duty to defend Your Title under Section 4 ofthe Conditions.
THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B.
IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused this policy to be signed and sealed by its
duly authorized officers.
Fidelity National Title Insurance Company
~ j ' ~ e. .. -~=
Authorized Signature Authorized Signature
27410
ALTA Homeowner's Policy of Title Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is res!Jicted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
TiUe Association.
Page6
• •
Order No.: 00011171-992-SD1 Policy No.: CA-FSDG-IMP-27420-1-13-00011171
HOMEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
Issued By
Fidelity National Title Insurance Company
SCHEDULE A
Our name and address is: Fidelity National Title Company
2763 Camino Del Rio South,
San Diego, CA 92108
Policy No.: CA-FSDG-IMP-27420-1-13-00011171 Order No. 00011171-992-SDl
Policy Amount: $4,700,000.00 Premium: $5,463.00
Policy Date and Time: January 31, 2013 at 2:53 pm
Deductible Amounts and Maximum Dollar Limits of Liability
For Covered Risk 16, 18, 19 and 21:
Covered Risk 16:
Your Deductible Amount
1.00% of Policy Amount Shown in Schedule A
or
Our Maximum Dollar Limit of Liability
$10,000.00
Covered Risk 18:
Covered Risk 19:
Covered Risk 21 :
Street Address ofthe Land:
$2,500.00
(whichever is less)
1.00% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1.00% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1.00% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
5099 Shore Drive, Carlsbad, CA
1. Name oflnsured:
Brian Buffini and Beverly Buffini, husband and wife as community property
2. Your interest in the Land covered by this Policy is:
a Fee
3. The Land referred to in this Policy is described as:
See Exhibit A attached hereto and made a part hereof.
27410
ALTA Homeowner's Policy ofTitle Insurance (02-03-10)
$25,000.00
$25,000.00
$5000.00
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page7
~~.!~~~ ~-~-~_.!.!!.~.~ ASSOCIATION
• •
Order No.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
LOT 16 OF TERRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950.
PARCELB:
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 16 OF TERRAMAR UNIT NO. I, ACCORDING TO
MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 6, 1950; THENCE SOUTH 59° 21' 10" WEST TO A POINT ON THE MEAN HIGH TIDE LINE OF THE
PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT WHICH
BEARS SOUTH 59° 21' 10" WEST FROM THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE NORTH
59° 21' 10" EAST TO THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 6° 25' 10" EAST 109.66
FEET TO THE POINT OF BEGINNING.
APN: 210-031-08-00
27410
ALTA Homeowner's Policy of Title Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 8
~-!.~.!~~-N ~-~P. .. !~_!g
ASSOCIATION
•
Order No.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
HOMEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
Issued By
Fidelity National Title Insurance Company
SCHEDULED
EXCEPTIONS
In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied
for the fiscal year 20 13-20 14.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with
Section 75) of the Revenue and Taxation Code of the State of California.
Note: If said supplementals (if any) are not posted prior to the date of closing, this company assumes no liability for
payment thereof.
3. Water rights, claims or title to water, whether or not disclosed by the public records.
4. Any rights, interest, or easement in favor of the public, which exists or is claimed to exist over a portion of said land.
5. Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands or has been
created by artificial means or has accreted to such portions so created.
6. Any rights in favor of the public which may exist on said land for parking, beach or recreational uses, if said land or
portions thereof were at any time used by the public for such purposes.
Affects: That portion ofParcel 2lying Westerly of the Bluff
7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that
said covenant or restriction is permitted by applicable law, as set forth in the document
Recording Date: January 25, 1951
Recording No: 11621, Book 3948, Page 389, of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage
or deed of trust made in good faith and for value.
Modification(s) of said covenants, conditions and restrictions
Recording Date: February 13, 1958
Recording No: 23451, Book 6948, Page 511, of Official Records
27410
ALTA Homeowner's Policy ofTitle Insurance (02-03-10)
Copyright American Land TIUe Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 9
~~I~.!.~~-~ ~~-~--!.!.!.~! ASSOCIATION
• •
Order No.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
SCHEDULED
(Continued)
8. An instrument entitled irrevocable offer to dedicate public access easement and declaration of restrictions recorded
November 6, 1986 as file no. 86-507986 of Official Records.
The location of said easement is as follows:
Such easement shall be located from the toe ofthe slope of the existing rip-rap to the Westerly property line. The
document shall be recorded free of prior liens and encumbrances which the executive director determines may affect
the interest being conveyed. The offer shall run with the land in favor of the people of the State of California,
binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the
date of recording.
9. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
Trustor/Grantor
Trustee:
$2,200,000.00
January 23, 2013
Brian Buffini and Beverly Buffini, husband and wife as community property
Fidelity National Title Company
Beneficiary: Mortgage Electronic Registration Systems, Inc., solely as nominee for American
Financial Network Inc., a California Corporation
Loan No.: 18625
Recording Date: January 31,2013
Recording No: 2013-0069341 of Official Records
END OF SCHEDULE B
27410 Pagel0of16
ALTA Homeowner's Policy ofTitle Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AlTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
~~.~.~~.~.~-~
LAND TITLE
ASSOCIATION
• •
OrderNo.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting
from:
I. Governmental police power, and the existence or violation of those portions of any law or government regulation
concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk B.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 Exclusion does not limit the coverage described in Covered
Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at
the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25,
26,27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under
federal bankruptcy, state insolvency, or similar creditors' rights laws.
27410 Page 11
ALTA Homeowner's Policy of Title Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
~~-~-~-~-~-~-~ ~~-~ .. !}.!.LE
• •
Order No.: 00011171-992-SD1 Policy No.: CA-FSDG-IMP-27420-1-13-00011171
1. DEFINITIONS
HOMEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
Issued By
Fidelity National Title Insurance Company
CONDITIONS
a Easement-the right of someone else to use the Land for a special purpose.
b. Estate Planning Entity-A legal entity or Trust established by a Natural Person for estate planning.
c. Known-things about which You have actual knowledge. The words "Know" and "Knowing" have the same meaning as
Known.
d. Land -the land or condominium unit described in paragraph 3 of Schedule A and any improvements on the Land which
are real property.
e. Mortgage-a mortgage, deed of trust, trust deed or other security instrument.
f. Natural Person-a human being, not a commercial or legal organization or entity. Natural Person includes a trustee of a
Trust even if the trustee is not a human being.
g. Policy Date-the date and time shown in Schedule A. If the insured named in Schedule A first acquires the interest shown
in Schedule A by an instrument recorded in the Public Records later than the date and time shown in Schedule A, the
Policy Date is the date and time the instrument is recorded.
h. Public Records -records that give constructive notice of matters affecting Your Title, according to the state statutes where
the Land is located.
i. Title-the ownership of Your interest in the Land, as shown in Schedule A.
j. Trust-a living trust established by a Natural Person for estate planning.
k. We/Our/Us-Fidelity National Title Insurance Company.
I. You/Your-the insured named in Schedule A and also those identified in Section 2.b. of these Conditions.
2. CONTINUATION OF COVERAGE
a. This Policy insures You forever, even after You no longer have Your Title. You cannot assign this Policy to anyone else.
b. This Policy also insures:
(I} anyone who inherits Your Title because ofYour death;
(2) Your spouse who receives Your Title because of dissolution of Your marriage;
(3) the trustee or successor trustee of a Trust or any Estate Planning Entity to whom You transfer Your Title after the
Policy Date;
( 4) the beneficiaries of Your Trust upon Your death; or
( 5) anyone who receives Your Title by a transfer effective on Your death as authorized by law.
c. We may assert against the insureds identified in Section 2.b. any rights and defenses that We have against any previous
insured under this Policy.
3. HOW TO MAKE A CLAIM
a Prompt Notice Of Your Claim
(I) As soon as You Know of anything that might be covered by this Policy, You must notifY Us promptly in writing.
27410
ALTA Homeowner's Policy ofTitle Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
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Page 12
~-~-~-~.!.~-~~ ~..!'!__~_.!.!.!.~-~ ASSOCIAtiON
• • •
Order No.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
(2) Send Your notice to Fidelity National Title Insurance Company, Attention: Claims Department, P.O. Box 45023,
Jacksonville, FL 32232-5023. Please include the Policy number shown in Schedule A, and the county and state
where the Land is located. Please enclose a copy ofY our policy, if available.
(3) If You do not give Us prompt notice, Your coverage will be reduced or ended, but only to the extent Your failure
affects Our ability to resolve the claim or defend You.
b. ProofOfYourLoss
(I) We may require You to give Us a written statement signed by You describing Your loss which includes:
(a) the basis of Your claim;
(b) the Covered Risks which resulted in Your loss;
(c) the dollar amount of Your loss; and
(d) the method You used to compute the amount of Your loss.
(2) We may require You to make available to Us records, checks, letters, contracts, insurance policies and other papers
which relate to Your claim. We may make copies of these papers.
(3) We may require You to answer questions about Your claim under oath.
(4) lfyou fail or refuse to give Us a statement of loss, answer Our questions under oath, or make available to Us the
papers We request, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our
ability to resolve the claim or defend You.
4. OUR CHOICES WHEN WE LEARN OF A CLAIM
a. After We receive Your notice, or otherwise learn, of a claim that is covered by this Policy, Our choices include one or
more of the following:
(I) Pay the claim;
(2) Negotiate a settlement;
(3) Bring or defend a legal action related to the claim;
( 4) Pay You the amount required by this Policy;
(5) End the coverage of this Policy for the claim by paying You Your actual loss resulting from the Covered Risk, and
those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay;
(6) End the coverage described in Covered Risk 16, 18, 19 or 21 by paying You the amount of Your insurance then in
force for the particular Covered Risk, and those costs, attorneys' fees and expenses incurred up to that time which We
are obligated to pay;
(7) End all coverage of this Policy by paying You the Policy Amount then in force, and those costs, attorneys' fees and
expenses incurred up to that time which We are obligated to pay;
(8) Take other appropriate action.
b. When We choose the options in Sections 4.a. (5), (6) or (7), all Our obligations for the claim end, including Our obligation
to defend, or continue to defend, any legal action.
c. Even if We do not think that the Policy covers the claim, We may choose one or more of the options above. By doing so,
We do not give up any rights.
5. HANDLING A CLAIM OR LEGAL ACTION
a. You must cooperate with Us in handling any claim or legal action and give Us all relevant information.
b. IfYou fail or refuse to cooperate with Us, Your coverage will be reduced or ended, but only to the extent Your failure or
refusal affects Our ability to resolve the claim or defend You.
c. We are required to repay You only for those settlement costs, attorneys' fees and expenses that We approve in advance.
27410
ALTA Homeowner's Policy ofTitle Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page l3
AM!.~.~.~-~-~ LAND TITLE
ASSOCIATION
• •
OrderNo.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
d. We have the right to choose the attorney when We bring or defend a legal action on Your behalf. We can appeal any
decision to the highest level. We do not have to pay Your claim until the legal action is finally decided.
e. Whether or not We agree there is coverage, We can bring or defend a legal action, or take other appropriate action under
this Policy. By doing so, We do not give up any rights.
6. LIMITATIONOFOURLIABILITY
a. After subtracting Your Deductible Amount if it applies, We will pay no more than the least of:
{I) Your actual loss;
{2) Our Maximum Dollar Limit of Liability then in force for the particular Covered Risk, for claims covered only under
Covered Risk 16, 18, 19 or 21; or
{3) the Policy Amount then in force.
and any costs, attorneys' fees and expenses that We are obligated to pay under this Policy.
b. If We pursue Our rights under Sections 4.a.{3) and S.e. of these Conditions and are unsuccessful in establishing the Title,
as insured:
( 1) the Policy Amount then in force will be increased by 10% of the Policy Amount shown in Schedule A, and
{2) You shall have the right to have the actual loss determined on either the date the claim was made by You or the date it
is settled and paid.
c. { 1) If We remove the cause of the claim with reasonable diligence after receiving notice of it, all Our obligations for the
claim end, including any obligation for loss You had while We were removing the cause of the claim.
{2) Regardless of 6.c.{ I) above, if You cannot use the Land because of a claim covered by this Policy:
(a) You may rent a reasonably equivalent substitute residence and We will repay You for the actual rent You pay,
until the earlier of:
(i) the cause of the claim is removed; or
(ii) We pay You the amount required by this Policy. If Your claim is covered only under Covered Risk 16, 18,
19 or 21, that payment is the amount ofYour insurance then in force for the particular Covered Risk.
(b) We will pay reasonable costs You pay to relocate any personal property You have the right to remove from the
Land, including transportation of that personal property for up to twenty-five (25) miles from the Land,· and
repair of any damage to that personal property because of the relocation. The amount We will pay You under this
paragraph is limited to the value of the personal property before You relocate it.
d. All payments We make under this Policy reduce the Policy Amount then in force except for costs, attorneys' fees and
expenses. All payments We make for claims which are covered only under Covered Risk 16, 18, 19 or 21 also reduce Our
Maximum Dollar Limit of Liability for the particular Covered Risk, except for costs, attorneys' fees and expenses.
e. If We issue, or have issued, a Policy to the owner of a Mortgage that is on Your Title and We have not given You any
coverage against the Mortgage, then:
(1) We have the right to pay any amount due You under this Policy to the owner of the Mortgage, and any amount paid
shall be treated as a payment to You under this Policy, including under Section 4.a. of these Conditions;
(2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy Amount then in force; and
(3) If Your claim is covered only under Covered Risk 16, 18, 19 or 21, any amount paid to the owner of the Mortgage
shall also be subtracted from Our Maximum Dollar Limit of Liability for the particular Covered Risk.
f. If You do anything to affect any right of recovery You may have against someone else, We can subtract from Our liability
the amount by which You reduced the value of that right.
7. TRANSFER OF YOUR RIGHTS TO US
27410
ALTA Homeowner's Policy of Title Insurance (02-03-10)
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members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
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Page 14
• •
OrderNo.: 00011171-992-SDl Policy No.: CA-FSDG-IMP-27420-1-13-00011171
a. When We settle Your claim, We have all the rights and remedies You have against any person or property related to the
claim. You must not do anything to affect these rights and remedies. When We ask, You must execute documents to
evidence the transfer to Us of these rights and remedies. You must let Us use Your name in enforcing these rights and
remedies.
b. We will not be liable to You if We do not pursue these rights and remedies or if We do not recover any amount that might
be recoverable.
c. We will pay any money We collect from enforcing these rights and remedies in the following order:
( 1) to Us for the costs, attorneys' fees and expenses We paid to enforce these rights and remedies;
(2) to You for Your loss that You have not already collected;
(3) to Us for any money We paid out under this Policy on account of Your claim; and
( 4) to You whatever is left.
d. If You have rights and remedies under contracts (such as indemnities, guaranties, bonds or other policies of insurance) to
recover all or part of Your loss, then We have all of those rights and remedies, even if those contracts provide that those
obligated have all of Your rights and remedies under this Policy.
8. THIS POLICY IS THE ENTIRE CONTRACT
This Policy, with any endorsements, is the entire contract between You and Us. To determine the meaning of any part of this Policy,
You must read the entire Policy and any endorsements. Any changes to this Policy must be agreed to in writing by Us. Any claim
You make against Us must be made under this Policy and is subject to its terms.
9. INCREASED POLICY AMOUNT
The Policy Amount then in force will increase by ten percent (10%) of the Policy Amount shown in Schedule A each year for the
first five years following the Policy Date shown in Schedule A, up to one hundred fifty percent (150%) of the Policy Amount
shown in Schedule A. The increase each year will happen on the anniversary of the Policy Date shown in Schedule A.
10. SEVERABILITY
If any part of this Policy is held to be legally unenforceable, both You and We can still enforce the rest of this Policy.
11. ARBITRATION
a. If permitted in the state where the Land is located, You or We may demand arbitration.
b. The law used in the arbitration is the law of the state where the Land is located.
c. The arbitration shall be under the Title Insurance Arbitration Rules of the American Land Title Association ("Rules").
You can get a copy of the Rules from Us.
d. Except as provided in the Rules, You cannot join or consolidate Your claim or controversy with claims or controversies of
other persons.
e. The arbitration shall be binding on both You and Us. The arbitration shall decide any matter in dispute between You and
Us.
f. The arbitration award may be entered as a judgment in the proper court.
12. CHOICE OF LAW
The law of the state where the Land is located shall apply to this policy.
27410
ALTA Homeowner's Policy ofTitle Insurance (02-03-10)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 15
~~!!~.~ .... ~
LAND TITLE
ASSOCIATION
•
•
Fidelity National Title Company
2763 Camino Del Rio South, San Diego, CA 92108
Phone: (619) 295-7332 • Fax: (619) 297-2213
February 8, 2013
Brian Buffini and Beverly Buffini
1310 Sierra Linda Drive
Escondido, California 92025
Order No.: 00011171-992-DK
Loan No.:
Property Address: 5099 Shore Drive Carlsbad, CA
•
We appreciate the opportunity of being of service to you. Please refer any questions regarding this
policy oftitle insurance to:
Fidelity National Title Company
..
Scale 1 inch = 50 Feet --I 100
\
D Parcel A (Fee, Property In Qunllon)
D Parcel B (Fee, Property In Question)
D 118m No.15-Easement for public occna oaemont
11/06/1986,1natrumont No. 86-507986 of Official Records
Affects nld land
Said Easement Is not specifically delineated and Is un-locatable
02012
Fidelity National Title Company
2763 eamm 0o1 RJo Sooth
San lllego, CA 92108
(619) 295-7332 FAX (619) 297-2213
Any~coniJic:tllnbolmdlt)' ..... atromtgeln ......
~ .. 01 Mfothw lacU wllkll• C'(IIRtCf ..... would ct.c:hN
lltld .. ndaiiiMnbylhepublci8CCWdl. Thlap/lllaltx)'OIII'Mlln loc8tltlgyourlandwllh~lo .... Mdathefpeteei4Whilelhil
plelllbfllltlwdtobeCXIIlBd. 1118 ~aucme•nolitlblllylbreny ,....,al...v..a~
16 ofT erramar unn No. 1, in lho Clly ot Carlsbod, Counly ot San Diogo, Slale of California, acccrding to Map lhoraol No. 2696, filad
of lho Counly Rocordor ol San Diogo Counly
POition of Lot "H" of Rancho Aqua Hodionda, In lho City of Cortsbad, Counly of San Diogo, Slale of Calilomia, acccrding to Partition
823, filad in lha Office of lho Counly reccrder ol San Diogo Counly
• • I
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
I ~Ill~~~~~~~~~~ m1111111111111~111~ ~~
Applicant: AL SIMEONE DESIGN
Description Amount
CDP13006 14.72
5099 SHORE DR CBAD
Receipt Number: R0094112 Transaction ID: R0094112
Transaction Date: 03/18/2013
Pay Type Method Description Amount
Payment Check 14.72
Transaction Amount: 14.72
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1307701-2 03/18/2013 98
Mon, Mar 18, 2013 04:06 PM
•
Receipt Ref Nbr: R1307701-2/0048
PERMITS -PERMITS
Tran Ref Nbr: 130770102 0048 0053
Trans/Rcpt#: R0094112
SET #: CDP13006
Amount:
Item Subtotal :
Item Total:
1 @ $14.72
$14.72
$14.72
ITEM(S) TOTAL: $14.72
Credit Card (Auth# 09340Z) $14.72
Total Received: $14.72
dave a nice day!
*~************CUSTOMER COPY*************
------------~ -----------------.
Aif~_A. CITY OF
VcARLSBAD
• • \\1\wQ.A Lt \1vl o
oFILE
Community & Economic Development www.carlsbadca.gov
NOTICE OF FINAL ACTION
COASTAL DEVELOPMENT PERMIT
The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has
been acted upon.
SENT TO COASTAL COMMISSION ON __ ,_,A""'pr'-"il'-"2=-=2"-'. 2,_,0::.::1:::::.3 ___ _
Application#: ,C:::.D.:....P-=1::::.3_,-0'""6'--------------Filing Date: March 11 2013
Case Name: Buffini Residence Decision Date: Apri110. 2013
Applicant: AI Simeone Agent (if different): N/A
Address: 737 Y2 Neptune Ave. Encinitas. CA 92024 Address: !.!NL!A_,___ _____________ _
Phone: 858-245-3128 Phone: ~N~A~------------------------------
Project Description: The development of a 95 square foot main level deck. a new 393 square foot roof deck with stairway
access tower. modification of the existing at-grade terrace. and a 35 square foot bathroom addition to an existing single-
family residence.
Project Location: 5099 Shore Drive Carlsbad CA 92008
ACTION:
D APPROVED
~ APPROVED WITH CONDITIONS
D DENIED
(Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant).
COASTAL COMMISSION APPEAL STATUS:
0 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 COPs
-Staff Report to CCC for appealable COPs
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the
appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10} days after the
decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the
estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30} days
following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request
for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California 92008.
Planning Division
F 760-602-8559
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mail piece,
or on the front if space permits.
. Is delivery address different from item 1? 1. Article Addressed to: If YES, enter delivery address below: 0 No
CALIFORNIA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402 3. Service Type
0 Express Mail 0 Certified Mail
0 Registered
0 Insured Mail
0 Return Receipt for Merchandise
OC.O.D.
4. Restricted Delivery? (Extra Fee)
2. Article Number
(Transfer from seNice label) 7010 1670 0002 4348 2577
PS Form 3811, February 2004 Domestic Return Receipt
U.S. Postal ServiceTM
CERTIFIE~IL" RECEIPT
1'-(Domestic Mail 0-o Insurance Coverage Provided) ~ ~m~~~~~~~m~~~~!m~mc~!m~m!mlllll~
~ L-----~~--~~--~~~~~~~~~~~~--~ ::r m .:r-
ru
CJ
CJ
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CJ (Endorsement Required) 1----1--i:::zl:-+-~1"'":
1"'-..J] Total Postage 8 c~~·
r=l .-=~:-----Sent To
CJ
r-"1
CJ
1'-
;,, .
0 Yes
1 02595-02-M-1540
·-NOTICE OF EXEMPTION
[? 0 [1 [g [Q)
l:mest .I Dronenburg . .lr. Recorder Count\ Clerk
APR 1 9 2013
--------------------------------------------------------~-.Tamez
BY To: SO County Clerk
Attn: Jennifer Samuela
Mail Stop A-33
1600 Pacific Highway
San Diego CA 921 0 I
From: CITY OF CARLSBAD -----:::0::-:::E~PU:-:::TY~
Planning Division
1635 Faraday Avenue
Carlsbad CA 92008 CITY OF CARLSBAD.
Subject: Filing of this Notice of Exemption is in compliance with Section 21152b
Resources Code (California Environmental Quality Act).
MAY 22 2013
cNJN6>lh~PAR I rv;ENT
Project Number and Title: CDP 13-06-Buffini Residence
Project Location -Specific:-"'5=0~99"'-"'S:..:..ho=r=e-"D"""r..:...;iv'-"e'---------------------
Project Location-City:_C=ar:..!!Is~b:.=a::!.d ___ _ Project Location -County: San Diego
Description of Project: Development of a 95 s.f. main level deck, a 393 s.f. roof deck with stairway
access tower, modification of the existing at-grade terrace, and a 35 s.f. bathroom addition.
Name of Public Agency Approving Project: City of Carlsbad . !LED IN THE OFFICE~ T~~ ~NTY CLER
~lf.lfl [);ago County on
N arne of Person or Agency Carrying Out Pro ject:J,CJ:ityty.s;o~f_!,;C:_ruarrulstllb~adL-fpmnsrnt,_"::'T!d_::.:_~~U~~R~L~~~2if~ifl~~j~R~e:n~· fNed::::--uMAiAy'l2:;-:;-1 -.;2~01i7-13
Applicant's Address: 737 Y:z Neptune Avenue, Encinitas. CA 92024
Applicant's Telephone Number:----!::8""'-58::<...--=2c...:.45=--~3~12=.:8=-------------------
Exempt Status: (Check One)
D Ministerial (Section 21 080(b )( 1 ); 15268);
D Declared Emergency (Section 21080(b)(3); 15269(a));
D Emergency Project (Section 21080(b)(4); 15269 (b)(c));
~ Categorical Exemption -State type and section number: State CEQA Guidelines Section
15303 -New Construction of Small Structures.
D Statutory Exemptions-State code number: ________________ _
D General rule (Section 1506l(b)(3))
Reasons why project is exempt: Section 15303 exempts single-family homes in residential zones
and accessory structures.
Lead Agency Contact Person: Chris Garcia Telephone: (760) 602-4622
l/-17-IJ
DON NEU, City Planner Date
Date received for filing at OPR:
Revised 04/12
.. · . ·~ State of California-The Resources &Y .
DEPARTMENT OF FISHAND-DLIFE
2013 ENVIRONMENTAL FILING FEE CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
LEAD AGENCY
CITY OF CARLSBAD Planning Dilvision
COUNTY/STATEAGENCY OF FILING
SAN DIEGO
PROJECT TITLE
COP 13-06 -Buffini Residence
PROJECT APPLICANT NAME
AI Simeone
PROJECT APPLICANT ADDRESS
737 1/2 Neptune Avenue
PROJECT APPLICANT (Check appropriate box):
0 Local Public Agency 0 School District
CHECK APPLICABLE FEES:
0 Environmental Impact Report
0 Negative Declaration
CITY
Encinitas
0 Other Special District
0 Application Fee Water Diversion (State Water Resources Control Board Only)
0 Projects Subject to Certified Regulatory Program
IZJ County Administrative Fee
0 Project that is exempt from fees
1Z1 Notice of Exemption
0 DFG No Effect Determination (Form Attached)
0 Other--------------------
PAYMENT METHOD:
0 Cash 0 Credit 1Z1 Check 0 Other_#_3_1_94 ___ _
• RECEIPT#
SD2013 0292
STATE CLEARING HOUSE#(JtapplicableJ
STATE
CA
0 State Agency
$2,995.25
$2,156.25
$850.00
$1,018.50
$50.00
TOTAL RECEIVED
$
$
$
$
$
DATE
04/19/2013
DOCUMENT NUMBER
*20130292*
PHONE NUMBER
858-245-3128
ZIP CODE
92024
0 Private Entity
$50.00
$ _______ _
$ $50.00 ____ ___:. __
llllllllllllllllllllllllllllllllllllllllllllllllll
ORIGINAL· PROJECT APPLICANT COPY· DFG/ASB COPY· LEAD AGENCY COPY· COUNlY CLERK FG 753.5a (Rev. 7/08)
(
4~A._ CITY OF
VcARLSBAD
• • FILE COPY
3·19·13
Community & Economic Development www.carlsbadca.gov
DATE: March 19, 2013
ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT
NOTICE OF PENDING DECISION
APPLICATION NUMBER: COP 13-06-Buffini Residence
PROJECT DESCRIPTION: The proposed project consists of a new roof deck over the existing flat roof
area with a spiral stair access tower, an exterior deck on the west side of the home, modification of the
at-grade rear yard terrace and the remodel and expansion of an existing bathroom on the north side of
the home.
LOCATION: 5099 Shore Drive
APN: 210-031-08-00
The proposed development is located within the Coastal Zone. No formal public hearing is required for
this application, and a public hearing will only 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 City 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 Chris Garcia,
at the City of Carlsbad Planning Division, (760) 602-4622, Monday through Thursday -7:30 a.m. -5:30
p.m., or 8:00a.m.-5:00p.m. Friday.
®
• Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
California Coastal Commission
Attn: Kanani Brown
Suite 103
7575 Metropolitan Drive
San Diego, CA 92108-4402 3. Service Type ~rtlfled Mall [] Express Mall
0 Registered ~etum Receipt for Meft:handlse
0 Insured Mall C.O.D.
2. Article Number
(nansfer from service 11 7012 1640 0001 2248 8284
PS Form 3811, February 2004 Domestic Retum Receipt
U.S. ... ~ostal Servicen,
::r
cQ
>CEFfTIFIED MAILM RECEIPll.
(Domestic Mail Only; No Insurance Coverage ided)
~~~~~~~~~.m~~iijii•
cQ
~~----~-----.,---~~~~~~~=-=-=-=-=---_J ru ru
r-'1
Postage $ f-------1
Certified Fee
CJ Return Receipt Fee
Cl (Endorsement Required)
CJ r-----------~
Postmark
Here
..3·11·13 Restricted Delivery Fee CJ (Endorsement Raquirlld) • • ~ c.oP • ··~~Slit\ /C.€l
.ll Total Postage a Calikrnia Coastal Commission
r-'1 Attn: Kanani Brown
ru Sent To Suite 103 r-'1 o siiiier;"J;prNo:;·· 7575 Metropolitan Drive
1"'-;~~~;,-~~_.4. San Diego, CA 92108-4402
PS Form 3800, August 2006 See Reverse tor Instructions
............. ________________ _
102595-~·M-1540 I
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• .o-;• •
THIS MAP WAS PREPARED FOR ASSESSMENT P\Jn!=\JSES ONLY .. I'D LIABILITY IS
·ASSLMED FOR Tf-£ ACCUPACY OF THE DATA SI-OWN. ASSESSOR ·s PARCELS
MA '( NJT CClv1Pl '( WITH LOCAL SUBOIVISON OR BiJilDil'G ORDINANCES.
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(t~ CITY OF
• CARLSBAD •
Memorandum
March 25, 2013
To: Chris Garcia, Planner
From: Steve Bobbett, Associate Engineer
Re: COP 13-06, BUFFIN! RESIDENCE
Land Development Engineering has completed the first review of the above-referenced project
for the application's completeness and for engineering issues of concern. The application and
plans as submitted are complete as submitted. Please address the following issue of concern.
Additional issues and comments may be identified following resubmittal of the project.
Engineering issues of concern:
1. Please submit a completed Storm Water Standards Questionnaire E-34. The link to the
document on the city's web site is:
http:/ /www.carlsbadca.gov/business/building/Documents/E-34.pdf
If you or the applicant has any questions regarding the above, please contact Steve Bobbett at
extension 2747.
cc: File
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
• • CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: MARCH 11, 2013
PROJECT TITLE: BUFFIN I RESIDENCE
APPLICANT: AL SIMEONE DESIGN/ AL SIMEONE
TO: [8] Land Development Engineering-Administration
D Police Department-J. Sasway
1:8] Fire Department-Greg Ryan
f!J Building Department-Will Foss
D Recreation -Mark Steyaert
D Public Works Department (Streets)-Nick Roque
' REVIEW NO: 1 !ift;,, "
D Water/Sewer District
D Landscape Plancheck Consultant-PELA
D School District
D North County Transit District-Planning Department
D Sempra Energy-Land Management
D Caltrans (Send anything adjacent to 1-5)
D Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
W":;;~ ~
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK .. ~~J.t_,.,, .• 'l .. :.:.' . ' <':'t-,
in the Planning Division at 1635 Faraday Avenue, b'4.UY13., If you have "No Comments," please
so state. If you determine that there are items that need to be submitted to deem the
application "complete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS: ND ~/H~
(3 B u I VI:/ I ;v(:,-P6!!2M I (
Signature
PLANS ATTACHED
Review & Comment
-Cd);}e f2e2/tev t)f)Ur-
sv 6tf1 T/!i1--.
3/21/::kJ/3
Date
12/12 G~
• e . . .
.
•
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: _C=-=D=-=P___:_13=---~06=-----------------------
BUILDING ADDRESS: BUFFIN! RESIDENCE
PROJECT DESCRIPTION: CONSTRUCTION OF A ROOF DECK W/ STAIR, ·:JISTR B/R SHOWER
ASSESSOR'S PARCEL NUMBER: 210-031-08-00
FIRE DEPARTMENT
APPROVAL
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 thi<: 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 instructions in this report can
result in suspension of permit to build.
By: G. Ryan Date: 03.13.2013
ATTACHMENTS
COMMENTS
DENIAL
Please see the attached report of deficiencies marked with
~l Make necessary corrections to plans or specifications
for compliance with applic?71e codes and standards.
Submit corrected plans and/or specifications to this office
for review.
By: ________ Date:
By: --------Date:
By: ________ Date:
FIRE DEPARTMENT CON-:ACT PERSON
NAME:
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4665
STATE OF CALIFORNIA-NATURAL RESOURCES EDMUND G. BROWN
CALIFORNIA COASTAL COMMISSION CITY OF CARL~iBA -~SAN DIEGO COAST DISTRICT
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421 MAY 01 2011
PLANNING DEPARl MENTI
NOTIFICATION OF APPEAL PERinn---._J
(619) 767-2370 FAX (619) 767-2384
www.coastal.ca.gov
DATE: April 30, 2013
TO: Chris Decerbo
City of Carlsbad, Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008-7314
FROM: Kanani Brown, Coastal Program Analyst
RE: Application No. 6-CII-13-060
Please be advised that on April 24, 2013 our office received notice of local action on the
coastal development permit described below:
Local Permit #: COP 13-06
Applicant(s): Mr. AI Simeone
Description: Improvements to an existing single-family residence, including 95 sq. ft.
addition to main level deck, new 393 sq. ft. roof deck with stairway
access tower, modification of the existing at-grade terrace, and a 35 sq.
ft. bathroom addition.
Location: 5099 Shore Drive, Carlsbad (San Diego County)
Unless an appeal is filed with the Coastal Commission, the action will become final at the end
of the Commission appeal period. The appeal period will end at 5:00 PM on .
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: Mr. AI Simeone
~CALIFORNIA COASTAL COMMISSION
., MOl It { ~ w ,, 0 I 't 7-:.:>
T .._ ·~CARLSBAD • f\LE COP'!
Community & Economic Development
April 10, 2013
AI Simeone
737Yz Neptune Ave.
Encinitas, CA 920.24
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: COP 13-o6-BUFFIN I RESIDENCE
www.carlsbadca.gov
The City has completed a review of the application for a Minor Coastal Development Permit for the
development of a 95 square foot main level deck, a new 393 square foot roof deck with stairway access
tower, modification of the existing at-grade terrace, and a 35 square foot bathroom addition, located at
5099 Shore Drive.
It is the City Planner's determination that the project COP 13-06-BUFFINI RESIDENCE, is consistent
with the applicable City's Coastal Development Regulations (Chapters 21.201-21.205) and with all other
applicable City ordinances and policies. The 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 development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act, in that the addition of two decks, a bathroom addition and the
modification of the at-grade terrace to a single family residence do not interfere with the
public's right of access to the sea and the residentially designated site is not suitable for use as
public recreation. Furthermore, public access to the beach is available approximately 1/4 mile
north and south of the project site.
4. The proposed development will have no adverse effect on coastal resources, in that the site is
already developed with a single-family home. Additionally, the small bathroom addition, new
decks and terrace modification are located in an area that is already disturbed with existing
improvements or ornamental landscaping and therefore will not have an adverse effect on
coastal resources.
5. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that consistent with the Mello II Land Use and Zoning designation of
RLM and R-1 respectively, the site is developed with a single-family residence and the project
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
• COP 13-06-BUFFIN I RESIDENCE • April10, 2013
Page 2
consists of the addition to an existing bathroom, addition of two decks and modification of an
existing at-grade terrace that conforms to all applicable zoning standards including the string
line set back. Furthermore, no agricultural activities, sensitive resources, geological
instability, flood hazard or vertical coastal access opportunities exist onsite and because no
vertical improvements are proposed in the side-yard setbacks, the project does not obstruct
views of the coastline as seen from public lands or public right-of-way or otherwise damage
the visual beauty of the coastal zone.
6. 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 Plan (JURMP) to avoid
increased urban runoff, pollutants, and soil erosion. The project will not impact the existing
coastal bluff. Otherwise, no other steep slope or 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 due to the existing "rip-rap" slope protection.
7. That the request for a minor coastal development permit was adequately noticed at least fifteen
{15} working days before the date of this decision pursuant to Section 21.201.080{8} and (C) of
the Carlsbad Coastal Development Regulations.
8. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines and
will not have any adverse significant impact on the environment.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, COP 13-06, for
the project entitled Buffini Residence (Exhibits "A"-"K"), dated AprillO, 2013, on file in the
Planning Division and incorporated by this reference, subject to the conditions herein set forth.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City's approval of this Minor
Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
---------------------------------------------• CDP 13-06-BUFFIN I RESIDENCE
April10, 2013
Page 3
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. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Minor Coastal Development Permit, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
em1ss1ons. This obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated.
7. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
9. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the 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 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 time of building permit issuance,
except as otherwise specifically provided herein.
• • CDP 13-06-BUFFINI RESIDENCE
April10, 2013
Page4
Engineering:
General
11. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the
proposed haul route.
Fees/ Agreements
12. Prior to approval of a building permit for this project, developer shall cause owner to give
written consent to the city engineer for the annexation of the area shown within the boundaries
of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1
and/or to the formation or annexation into an additional Street Lighting and Landscaping
District. Said written consent shall be on a form provided by the city engineer.
Grading
13. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent·or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
14. Developer is responsible to ensure that all final design plans (landscape plans and building
plans) incorporate all source control, site design, treatment control BMP, applicable
hydromodification measures, and Low Impact Design (LID) facilities.
15. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all
to the satisfaction of the city engineer.
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 $638.00 plus noticing fees. 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 questions regarding this matter, please feel
free to contact Chris Garcia at (760} 602-4622.
.. • CDP 13-06-BUFFINI RESIDENCE
AprillO, 2013
Page 5
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
CITY OF CARLSBAD
CHRIS DeCERBO
Principal Planner
CD:CG:bd
c: Don Neu, City Planner
Chris DeCerbo, Principal Planner
Steve Bobbett, Project Engineer
File Copy
Data Entry
California Coastal Commission (NoFA)
_J~.A._ CITY OF
VcARLSBAD
• •
Community & Economic Development
April10, 2013
www.carlsbadca.gov
AI Simeone
737Yz Neptune Ave.
Encinitas, CA 92024
SUBJECT: NOTICE OF RESTRICTION-COP 13-06-BUFFIN I 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 Minor Coastal Development Permit, CDP 13-
06. Please ensure the following items are addressed prior to returning the Notice of Restriction:
./ Correct Notary Acknowledgement Required {Effective January 1, 2008, all Certificates of
Acknowledgement used by a California notary 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 bottom 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@carlsbadca.gov.
Sincerely,
~~
CHRIS GARCIA
Junior Planner
c: CED Senior Management Analyst
File Copy
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
• LJ FILE
Planning Division www.carlsbadca.gov
April 3, 2013
AI Simeone
737Yz Neptune Avenue
Encinitas, CA 92024
SUBJECT: COP 13-06 -BUFFINI 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 Categorical Exemption for New
Construction of Small Structures-State CEQA Guidelines Section 15303. No environmental review is
required for the project.
A Notice of Exemption 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. The check should be submitted approximately one week prior to
the City Planner decision date.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Chris Garcia, at (760) 602-4622 or Chris.Garcia@carlsbadca.gov.
DON NEU, AICP
City Planner
DN:CG:sm
c: · Chris DeCerbo, Principal Planner
Steve Bobbett, Project Engineer
File Copy
Data Entry
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
Planning Division
Aprill, 2013
AI Simeone
737~ Neptune Avenue
Encinitas, CA 92024
•
SUBJECT: 1ST REVIEW FOR COP 13-06-BUFFIN I RESIDENCE
• LJ FILE
www.carlsbadca.gov
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. COP 13-06, 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 of the
date of this communication.
At this time, the City asks that you provide 2 complete sets of the revised development plans so that the
project can continue to be reviewed. The City will complete the review of your resubmittal within 25
days.
In order to expedite the processing of your application, you are strongly encouraged to contact your
Staff Planner, Chris Garcia, at {760) 602-4622, 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: Steve Bobbett, Associate Engineer, at (760) 602-2747.
• Fire Department: Greg Ryan, Fire Inspections, at {760) 602-4661.
Sincerely,
~~G4o
CHRIS DeCERBO
Principal Planner
CD:CG:sm
c: Bryan Buffini, 1310 Sierra Linda Drive, Escondido, CA 92025
Don Neu, City Planner
Steve Bobbett, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
• • COP 13-06-BUFFIN I RESIDENCE
APRI.l1, 2013
PAGE2
ISSUES OF CONCERN
Planning:
1. On Sheet Al.O, please add the project number to the top right corner (COP 13-06).
2. On Sheets A1.0 and Al.1, please add the terrace improvements to the scope of work.
3. On Sheets AS.O and AS.l, please label the roof pitch on top of the proposed stairwell tower.
Engineering:
1. Please submit a completed Storm Water Standards Questionnaire E-34.
document on the city's web
http:f/www.carlsbadca.gov/business/building/Documents/E-34.pdf.
The link to the
site is: