HomeMy WebLinkAboutCDP 13-25; 4419 Park Drive; Coastal Development Permit (CDP)^ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www. ca ri s ba d ca .gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Deve/op/nent Pennits (FOR DEPT. USE ONLY) LeaislaVve Pennits
I I Administrative Permit
(FOR DEPT. USE ONLY)
IBl Coastal Development Permit (*) LU Minor
LU Conditional Use Permit {*)
I I Minor LD Extension
I I Environmental Impact Assessment
I I Habitat Management Permit L] Minor
n Hillside Development Permit (*)
I I Planned Development Permit
I 1 Residential LU Non-Residential
1 I Planned Industrial Permit
[ I Planning Commission Determination
[ I Site Development Plan
i I Special Use Permit
I I Tentative Tract Map/Parcel Map
I I Variance LI] Adminisb^tive
I [ General Plan Amendment
n Local Coastal Program Amendment (*)
l~l Master Plan LU Amendment
n Specific Plan Q Amendment
LD Zone Change (*)
r~l Zone Code Amendment
South Carlstiad Coastal Review Area Pennits
I I Review Permit
I I Administrative Q Minor LU Major
Village Review Area Pennits
rn Review Permit
n Administrative Minor LU Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMniED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPUCATION MUST BE SUBMnTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 206-192-45
PROJECT NAME: 4419 PARK DRIVE
BRIEF DESCRIPTION OF PROJECT; The project proposes a single family home to be constructed on a previously graded pad.
BRIEF LEGAL DESCRIPTION: PARCEL 1 of Map 18186
LOCATION OF PROJECT:
ONTHE: WeSt
4419 Park Drive. 92008
STREET ADDRESS
SIDE OF Pari^ Drive
(NORTH, SOUTH. EAST, WEST)
BETWEEN Calavo Court
(NAME OF STREET)
AND Bruce Road
(NAME OF STREET) (NAME OF STREET)
1306 \
p-1 Page 1 of 6 Revised 11/12
OWNER NAME (Print): Renee Gaitaud
MAILING ADDRESS: Lfljft^ 0 A I
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
APPLICANT NAME (Print): Phil Gaitaud
MAILING ADDRESS: PQ BOX 28696
CITY.STATE.ZIP: San Diego. Califoria 92198
TELEPHONE: (858)451-8280
EMAIL ADDRESS: phllgaltaud@hotmail.eom
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
irGNATIJRE ^ ^ C3 ^ I ?
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OFMY KWOWLEDGE.
DATE SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS: /SG^O /^Pl \/jf^A Q/tiVJf
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS: PHIL C'/hJTA^d kol^A/l- 'Cot^
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE 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. l/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 PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTiEREST.
PROPERTY C3WVNER SIGNATURE
FOR CITY USE ONLY
RECEIVED
SEP 0 5 m
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
p-1 Page 2 of 6 Revised 11/12
^ MINOR COASTAL ^ , . ^ .
</.^ DEVELOPMENT PERMIT/ i^trvtr/c.f.»icrnt ^».r v.utr^
^ ^ c . T Y o P SINGLE FAMIL^^^^^^^^^ isss^^^^^^^^^^^^^^
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). Piease refer to the current fee schedule for ttie appropriate Psquare foot fee rate.
New Residential Square Footage:
3780 square feet x $llML_/sq. ft. = $416,442.60
r:> Residential Addition Square Footage:
square feet x $ Isq. ft. = $
Ariy Garage Square Footage:
866 square feet x $28.74 /sq. ft. = $24.888.80
Residential Conversion Square Footage:
square feet x $ Isq. ft. = $
^ Please contact the City of Carisbad Buiiding Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and ManufacturingA/Varehouse
uses.)
square feet x $ Isq. ft. = $
COST OF DEVELOPMENT ESTIMATE: $441.331
B. Do you wish to apply for:
1. A Minor Coastal Development Pennit (Under $60,000 cost estimate) Q
2. A Coastal Development Permit ($60,000 or more cost estimate) H)
C. Street address of proposed development
4419 Park Drive
p-6 Page 1 of 6 Revised 05/12
D. Assessor's Parcel Number of proposed development
206-192-45
E. Development Description:
Briefly describe project: project proposes a single family home to be constructed
on an existing graded pad. The proposed project meets all zoning requirements and
ordinances; no variances, exceptions or waivers are requested with this application.
F. Describe the present land uses (i.e. vacant land, single family homes, apartments,
offices, etc.) that surround the proposed development to the:
North: Single Family Home(s)
South: Single Family Home(s)
East: Single Family Home(s)
West: Open Space and Single Family Home(s)
G. Is project located within a 100-year flood plain? QYes [• No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? Q Yes I No
If yes, please describe.
B. Will any existing structure be removed/demolished? Q Yes No
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans).
IM. LOT COVERAGE
A Existing and Proposed
Building Coverage
Landscaped Area
Hardscape Area
Unimproved Area (Left Natural)
Existing
_2 sq. ft.
Proposed Total
9827
0
25924
sq.ft.
sq.ft.
sq.ft.
B. Parking: Number of existing spaces ^
Number of new spaces proposed
Existing/Proposed TOTAL: J
Number of total spaces required _^
Number of covered spaces
Number of uncovered spaces ^
Number of standard spaces ^
3327 sq.ft. 35751 sq.ft. 9 %
5950 sq.ft. 35751 sq.ft. 16 %
550 sq.ft. 35751 sq.ft. 2 %
25924 sq.ft. 35751 sq.ft. 73 %
p-6 Page 2 of 6 Revised 05/12
Number of compact spaces ^
Is tandem pari<ing existing? [Zl Yes # [I No
Is tandem parking proposed? CH Yes # [fij No
C. Grade Alteration:
Is any grading proposed? HH Yes I No
If yes, please complete the following:
1. Amount of cut 2. cu. yds.
2. Amount of fill .9 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 05/12
DISCLOSURE Development Services
STATEMENT Planning Division
^ CITY OF P-1(A) 1635 Faraday Avenue
CARLSBAD
P-1(A) (760) 602-4610
www.carls ba d ca .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 information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPUCANT (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 ali 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 P^'' Ga'taud Corp/Part
Title Applicant Title
Address 92i98-0696 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 corooration 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 Renee Gaitaud Corp/Part_
Title Owner Title.
Address ^A/?M MlVfi Address
r^ A fi i C /L h j-^ y ^ ^. Cian Ma CAkt^S/bAO CA'^O^OOS San Marcos Ca, 92078
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 ofthe.
Non Profit/Trust Non Profit/Tnjst
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?
• Yes No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is tnje and correct to the best of my knowledge.
Signature of owner/date 9 . 13
Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's
Print or type name of owner/a
date
P-1(A) Page 2 of 2 Revised 07/10
7^ PROJECT Development Services
^ DESCRIPTION Planning Division
^ CITY OF P-1fR^ 1635 Faraday Avenue
^ ' (760)602-4610
www.carlsbadca.gov CARLSBAD
PROJECTNAME: 4419 Park Dflve
APPLICANT NAME: ^hil Galtaud
Please describe fully the proposed project by applicafion type. Include any details necessary to
adequately explain the scope and/or operafion of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the applicafion. Use an addendum sheet if necessary.
Descripfion/Explanation:
SEE NEXT PAGE
P-1(B) Pagel ofi Revised 07/10
PROJECr DESCRIPTION:
The site is a 450'(-t-/-) by 80' rectangular parcel, extending westerly from Park Drive up an
existing natural hillside. The area ofthe parcel is approximately 0.84 acres. The steep, natural
portion ofthe site to the west falls under an existing open space easement, recorded on parcel
map 18180. The site has been previously graded and prepared for construction pursuant to
grading plan MS 95-02 (1995). No structures exist or have ever been built on site.
The project proposes a single family home to be constructed on the previously graded pad.
The construction envelope will not encroach within the previously dedicated open space.
Furthermore, the proposed project meets all zoning requirements and ordinances; no
variances, exceptions or waivers are requested with this application.
"^555 Ckncsco -XX L-IUIO. Suile 200. San Dici:o I X '52 1 2 !
Ph: .>H7-8070 • Fax: (S<5S) .^S7-S7?0
ENVIRONMENTAL INFORMATION FORM
I (To be Completed by Applicant)
Date Filed: H7S/j3 (To be completed by City)
Application Number(s): C I ' ^"-^
General Information
1. Name of project: 4419 Park Drive
2. Name of developer or project sponsor: P^ll GaitaUd
A^j^j^ggg. P.O. Box 28696, San Diego, CA 92198-0696
City, state. Zip Code: San Diego. CA 92198-0696
PhoneNumber: (858)451-8280
3. Name of person to be contacted concerning this project: Same aS abOVe
Address:
City, State, Zip Code:
Phone Number:
4. Address of Project: 4419 Park Drive
Assessor's Parcel Number: 206-192-45
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Building Permit
6. Existing General Plan Land Use Designation:
7. Existing zoning district: R-1-15000
8. Existing land use(s): Graded and Vacant
9. Proposed use of site (Project for which this form is filed): Single Family IHome
Project Description
10. site size: 0-82 Acres
ACAC f—
11. Proposed Building square footage:
2
12: Number of floors of construction: ~i
13. Amount of off-street parking provided:
None
14. Associated projects:
. 3 Spaces
P-1(D) Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes;
3,780 SF single family home and 866 SF garage
16. tf commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17. If industrial, indicate type, esfimated employment per shift, and loading facilifies:
N/A
18. If insfitutional, indicate the major funcfion, estimated employment per shift, esfimated occupancy,
loading facilifies, and community benefits to be derived from the project:
N/A
19. If the project involves a variance, condifional use or rezoning applicafions, state this and indicate
cleariy why the applicafion Is required:
N/A
P-1(D) Page 3 of 4 Revised 07/10
Are the following items appliceble to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, fidelands, beaches, or hills, or substanfial • 0
alterafion of ground contours,
21. Change in scenic views or vistas from exisfing residenfial areas or public lands or • 0
roads.
22. Change in pattem, scale or character of general area of project. • E]
23. Significant amounts of solid waste or litter. • 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. • 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • 0
alterafion of existing drainage pattems.
26. Substanfial change in exisfing noise or vibrafion levels in the vicinity. • 0
27. Site on filled land or on slope of 10 percent or more. 0 0
28. Use of disposal of potenfially hazardous materials, such as toxic substances, • 0
flammables or explosives.
29. Substanfial change In demand for municipal services (police, fire, water, sewage, 0 0
etc.).
30. Substanfially increase fossil fuel consumpfion (electricity, oil, natural gas, etc.). 0 0
31. Relafionship to a larger project or series of projects. 0 0
Environmental Setting
Attach sheets that include a response to the following questions:
32. Deschbe the project site as it exists before the project, including information on topography, soil
stabitity, plants and animals, and any cultural, historical or scenic aspects. Describe any exisfing
structures on the site, and the use of the stmctures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Deschbe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residenfial, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
informafion required for this inifial evaluation to the best of my ability, and that the facts, statements, and
informafion presented are true and correct to the best of my knowledge and belief.
Date: '&/^'?/ /3 Signature: f C
For:
P-1(D) Page 4 of 4 Revised 07/10
32. The site is a 450'(+/-) by 80' rectangular parcel, extending westerly from Park Drive up
an existing natural hillside. The area of the parcel is approximately 0.84 acres. The steep,
natural portion, of the site to the west falls under an existing open space easement, recorded
on map 18180. The site has been previously graded and prepared for construction pursuant to
grading plan MS 95-02. No structures exist on-site and the site has never been previously
developed.
33. The project fronts the public street Park Drive, and is surrounded by single family
homes. The site is located at the base of a hill, which is contains steep slope (25%+) and is
wholly dedicated to deed restricted open space.
en
»>us,De OR
CALAVO CT.
SITE'
VICINIT7 MAP
N. T. S.
CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
STIOHR ir^r^
Mi
To address post-development pollutants that may be generated from development projects, the City requires that new development and
significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the pnjject
design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2) at www.carlsbadca.qov/standards.
initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,
discretionary pennits and/or constmction permits). The results of the questionnaire determine the level of storni water standards that
must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to
'Standard Stonnwater Requirements' or be subject to additionai criteria called 'Priority Development Project Requirements'. Many
aspects of project site design are dependent upon the storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has
responsibility for making the flnal assessment after submission of the development application. If staff determines that the questionnaire
was incon-ectly filled out and is subject to more sbingent storm water standards than initially assessed by you, this will result in the return
of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please
seek assistance from Land Development Engineenng staff.
A separate completed and signed questionnaire must be submitted for each new development application submission. Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently.
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with constmction permits
for the project.
Please start by completing Step 1 and follow the instructions. When completed, sign the fonn at the end and submit this with your
application to the city.
To determine if your project is a priority development project, please answer the following questions:
YES NO
1. Is your pnjject LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: (1) Designed and constmcted to direct storm water mnoff to adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constmcted to be hydraulically disconnected from
paved streets or roads; OR (3) designed and constmcted with permeable pavements or surfaces in
accordance with USEPA Green Streets guidance?
X
2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accordance with the USEPA Green Streets guidance? X
If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects. Go to step 4, marie the last box stating "my
project does not meet PDP requirements" and complete applicant information.
tf you answered "no" to both questions, then flO to Step 2.
E-34 Page 1 of 3 Effective 6/27/13
CARLSBAD
CITY OF
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
•
To determine if your project is a priority development project, please answer the following questions: YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site? This includes commercial, industrial, residential, mixed-use, and puW/c
development projects on public or private land.
X
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire
project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial,
industrial, residential, mixed-use, and public development projects on public or private land.
X
3. Is your project a new or redevelopment project Uiat creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared
foods and drinks for consumption, including stationary lunch counters and re&eshment stands selling prepared
foods and drinks for immediate consumption.
X
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a hillside development project? A hillside development
project includes development on any natural slope that is twenty-five percent or greater. X
5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a pari<ing lot. A parking lot is a land area or facility for the
temporary paridng or storage of motor vehicles used personally for business or for commerce.
X
6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impen/ious surface
collectively over the entire project site and supports a street, road, highway freeway or driveway? A street,
road, highway, freeway or driveway is any paved impen/ious suriace used for the transportation of
automobiles, trucks, motorcycles, and other vehicles.
X
7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive
Area (ESA)? 'Discharging Directly to" includes ftow that is conveyed overiand a distance of 200 feet or less
from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow fmm the
project to the ESA (i.e. not commingles with flows from adiacent lands)7
X
8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a
facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013,
5014, 5541, 7532-7534. or 7536-7539.
X
9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's
that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of
100 or more vehicles per day.
X
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and
are expected to generate pollutants post construction? X
11.1s your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? X
If you answered "Ves" to one or more of the alrove questions, you ARE a priority development project and are therefore sub
implementing stnjctural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirement,
as source control and low impact development BMP's. A Stonn Water Management Plan (SWMP) must be submitted wit
application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end c
questionnaire, check the "my project meets PDP requirements" box and complete applicant Information.
ect to
s such
1 your
>f this
If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to
implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects. A Stonn Water Management Plan (SWMP) is not required with your application(s) for development Go to step
4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant
Information.
E-34 Page 2 of 3 Effective 6/27/13
CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete the questions below regarding your redevelopment project: YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than
50% of the surface area of the previously existing development?
If you answered "yes," the stmctural BMP's required for Priority Development Projects apply only to the creation or replacement of
impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and
complete applicant infonnation.
If you answered "no," the stmctural BMP's required for Priority Development Projects apply to the entire development. Go to step 4,
check the "my project meets PDP requirements" box and complete applicant information.
• My project meets PRIORITY DEVELOPMENT PROJECT (PDP) roquirements and must comply with addtttonal stomiwater
criteria per tiie SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow control (hydromodification) requirements may appiy to my project. Refer to SUSMP for details.
^ My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As parf of these requirements, I will incorporate low impact development strategies throughout my project
Applicant Information and Signature Box
Ad(Jr6ss'
P.O. Box 28696, San Diego. CA 92198-0696
Applicant Name: „,
Phil Gaitaud
Signature:^ /7 f^^^
Accessor's Parcel Number(s): 206-192-45
Applicant Title:
Applicant Date:
This Box for City Use Only
City Concurrence: YES NO
By:
Date:
Project ID:
* Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas
designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources
Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their
quivalent under ttie Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of 3 Effective 6/27/13
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1324801-1 09/05/2013 32
Thu, Sep 05, 2013 02:29 PH
Receipt Ref Nbr: Rl324801-1/0035
PERMITS - PERMITS
Tran Ref Nbr: 132480101 0035 0044
Trans/Rcpt#: R0096879
SET #; CDP13025
Amount: 1 @ $1,422.98
Item Subtotal: $1,422.98
Item Total: $1,422.98
1 ITEM(S) TOTAL: $1,422.98
Check (Chk# 0746) $1,342.00
Check (Chk# 009033) $29.00
Cash $60.00
Total Received: $1,431.00
CHANGE: $8.02
Have a nice dayi
****+*********CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: PHIL GAITAUD
Description
CDP13025
4 419 PARK DR CBAD
Amount
1,422.98
Receipt Number: R0096879
Transaction Date: 09/05/2013
Transaction ID: R0096879
Pay Type Method Description Amount
Payment Check 9033 1,422.98
Transaction Amount: 1,422.98
Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
Title Department:
Chicago Title Company
Attn: Tom Votel/Ken Cyr
Email: voteltfglctt.com & ken.cvr(g!ctt.com
Phone: (619) 521-3553 & (619) 521-3555
Fax: (619)521-3608
OrderNo.: 12202267-996-U50
Escrow Department:
Gaitaud Construction
Attn: Phil Gaitaud
Email: philgaitaud(a).hQtmai!.com
Phone: (858)451-8280
Fax: (858)451-8230
PRELIMINARY REPORT
Property Address: Park Drive, Carlsbad, CA
Dated as of: August 8, 2013 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said PoUcy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner^ Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of 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.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
CLTA Preliminary Report Form - Modified (11-17-06)
Page 1
OrderNo.: 12202267-996-U50
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Renee D. Gaitaud, a married woman, as her sole and separate property
3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form - Modified (11-17-06)
Page 2
OrderNo.: 12202267-996-U50
LEGAL DESCRIPTION
PARCEL 1 OF PARCEL MAP NO. 18186. IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 30, 1998.
APN: 206-192-45
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form - Modified (11-17-06)
Page 3
OrderNo.: 12202267-996-U50
SCHEDULE B
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
1. Property taxes, including any assessments collected with taxes, for the fiscal year 2013 - 2014 that
are a hen not yet due.
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 Califomia
3. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: Januarv 29.1945 in Book 1806. page 379 of Official Records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision (p) of Section 12955, or
ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to section 12956.2 of the Govemment Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
constmed as restrictions based on familial status."
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
4. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Agreement Between Developer-Owner and the City of Carlsbad for
the Payment of Public Facilities Fee
Recorded: March 29. 1995 as Instrument No. 95-0130195 of Official Records
Reference is hereby made to said document for full particulars.
5. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Open Space Deed Restriction
Recorded: August 28. 1995 as Instrument No. 95-0379297 of Official Records
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 4
OrderNo.: 12202267-996-U50
SCHEDULE B
(continued)
6. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: California Coastal Commission
Purpose: to natural open space for habitat protection, private recreation and
resource and resource conservation uses
Recorded: August 28. 1995 as Instrument No. 95-0379297 of Official Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
7. The terms and provisions contained in the document entitled "A Notice of Restriction on Real
Property" recorded September 5, 1995 as Instmment No. 95-0393421 of Official Records.
Reference is hereby made to said document for full particulars.
8. A document subject to all the terms, provisions and conditions therein contained.
Entitied: Notice Concerning Aircraft Environmental Impacts Case No. MS 95-
021 HDP 95-02
Recorded: May 21. 1997 as Instrument No. 97-0234906 of Official Records
Reference is hereby made to said document for full particulars.
9. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: Edward C. and Mary L. Moore, husband and wife, as joint tenants
Purpose: for drainage and flowage easement purposes
Recorded: December 30. 1998 as Instrument No. 98-0859150 of Official
Records
Affects: The route thereof affects a portion of said land and is more fully
described in said document.
10. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Covenant for Easement
Recorded: December 30. 1998 as Instmment No. 98-0859154 of Official
Records
Reference is hereby made to said document for full particulars.
11. Water rights, claims or title to water, whether or not shown by the public records.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
OrderNo.: 12202267-996-U50
SCHEDULE B
(continued)
12. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
13. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a ftill copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Form - Modified (11-17-06)
Page 6
OrderNo.: 12202267-996-U50
INFORMATIONAL NOTES
Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
Note No. 3: Property taxes, for the fiscal year 2012 - 2013 are paid. For information purposes the
amounts are:
1" Installment: $970.74 Paid
2"" histallment: $970.74 Paid
Exemption: None
Code Area: 09000
Assessors Parcel Number: 206-192-45-00
Note No. 4: There is located on said land single family residence known as Park Drive, Carlsbad,
CA.
GP
CLTA Preliminary Report Form - Modified (11-17-06)
Page 7
Effective Date: 5/1/2008
' Fidelity National Financial, Inc
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal
Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNFs privacy practices,
including how we use the Personal Infonnation we receive from you and from other specified sources, and to whom it may be disclosed. FNF
follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share
Information as described herein.
Personal Information Collected
We may collect Personal Infonnation about you from the following sources:
• Infonnation we receive from you on applications or other forms, such as your name, address, social security number, tax identification
number, asset information and income Information;
• Infonnation we receive from you through our Internet websites, such as your name, address, Internet Protocol address, the website links
you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as infonnation concerning your policy,
premiums, payment history, information about your home or other real property, infonnation from fenders and other third parties involved in
such transactions, account balances, and credit card information; and
• Infomiation we receive from consumer or other reporting agencies and publicly recorded.
Disclosure of Personal Infomiation
We may provide your Personal Information (excluding infonnation we receive from our consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these
disclosures. Disclosures may Include, without limitation, the following:
To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to
enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure In connections with an insurance
transactions;
To third-party contractors or service providers for the purpose of determining your eligibility for an Insurance benefit or payment and/or
providing you with services you have requested;
To an insurance regulatory, or law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a
governmental investigation;
To companies that perform marketing services on our behalf or to other financial institutions with which we have had joint marketing
agreements and/or
To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest In title whose claim or interest must be
detennined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Infonnation to others when we believe, in good faith, that such disclosure is reasonably necessary to
comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or
legal process.
Disclosure to Affiliated Companies - We are pennitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for
marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from
consumer or credit reporting agencies with our affiliates or others without your consent, In confomnity with applicable law, unless such disclosure
is othenwise pennitted by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or fomrier customers to nonaffiliated
third parties, except as outlines herein or as othenvise permitted by law.
Confidentiality and Security of Personal Infomiation
We restrict access to Personal Information about you to those employees who need to know that infonnation to provide products or services to
you. We maintain physical, electronic, and procedural safeguards that comply with federal regulation to guard Personal Infonnation.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom
your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is
to maintain customers' Personal Infonnation for no less than your state's required record retention requirements for the purpose of handling
future coverage claims.
For your protection, all reouests made under this section must be In writing and must include vour notarized signature to establish your identity.
Where pennitted by law we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we
will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this
Privacy Statement was revised or materially changed.
Privacy Statement (05-01-08)
y ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICV (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs,
attorneys' fees, and expenses resulting from;
1. Governmental police power, and fhe existence or violation of any law or government
regulation. This ihcfudes building and zoning ordinances and also laws and
regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply lo violations or Ihe enforcement of these matters
which appear in the public records at policy date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of
Covered Title Risks.
2, The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the pubiic records on the Policy Dale
• the taking happened prior to the Policy Date and is binding on you if you
bought the land withoul knowledge ofthe taking
3. Tille Risks;
• that are created, allowed, or agreed lo by you
• that are known to you, but not to us, on llie Policy Date-unless they appeared in
Ihe public records
• that resuh in no loss to you
• thai first affect your liiJe after the Policy Date - this does not Jjmit tbe labor and
material lien coverage in item 8 of Covered Title Risks
4. Failure to pay value for your litle,
5. Lack of a right:
• to any land outside the area specifically described and referred lo in Item 3 of
Schedule A
or
• in streets, alleys, or waterways that touch your land
This exclusion does not Hmit the access coverage in Item 5 of Covered Title Risks,
In addition to the Exclusions, you are not insured againsi loss, cosls, attorneys' fees, and
the expenses resulting from:
1, Any rights, interests, or claims of parties in possession of the land not shown by the public records.
2, Any easements or liens not shown by the public records. This does not limit the lien
coverage in Ilem 8 of Covered Title Risks,
Any facts about the land which a correct survey would disclose and which are not
shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks,
Any water rights or claims or tille to water in or under the land, whether or not
shown by Ihe public records.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The followiiiB matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage, cosls, 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 (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the
land or any pared of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice
of a defect, lien or encumbrance resulting Irom a violation or alleged violation
affecting the land lias been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent
lhat a notice of the exercise thereof or a notice of a defect, lien or encumbrance resuUing from a violation or alleged violation affecting the land has been recorded in
the public records at Dale of Policy,
2. Rights of eminent domain unless notice ofthe exercise thereof has been recorded in
the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge,
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, bul created,
suffered, assumed or agreed to by the msured claimant;
(b) not known to the Company, not recorded in the public records at Dale of Policy,
bul known to the insured claimant and not disclosed in writing io the Company by
Ihe insured claimant prior to the date Ihe insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the insured mortgage or for the estate or interesi insured by this policy.
Unenforceability of the lien of the insured mortgage because of the inability or
failure of the insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with the applicable doing business laws of lhe
state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof,
which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
Any claim, which arises oul of the transaction vesting in the insured the estate or
interest insured by this policy or the transaclion creating the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency or similar
creditors' rights Jaws,
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does nol injure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
PART I
Taxes or assessments which are not shown as existing liens by Ihe records of any
taxing authority that levies taxes or assessments on real property or by the public
records. Proceedings by a public agency which may result in taxes or assessments,
or notices of such proceedings, whether or nol shown by the records of such agency
or by lhe public records.
Any facts, rights, interests or claims which are not shown by the public records bul
which could be ascertained by an inspeclion of the land or which may be asserted by
persons in possession thereof
Easements, liens or encumbrances, or claims thereof, nol shown by the public
records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any
olher facts which a correct survey would disclose, and which are not shown by the public records,
(a) Unpatented mining claims; (b) reservations or exceptioris in patents or in Acts
authonzing the issuance thereof; (c) waler rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by the public records.
Any lien or righl to a lien for services, labor or malerial nol shown by the Public
Records,
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The followintt matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of;
1, (a) Any law, ordinance or governmental regulation (including but not limited to
building and zoning laws, ordinances, or regulations) restricting, regulaling.
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on
the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcei of which the land is or was a part; or (iv) environmenlal
protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to tlie extent that a notice of the enforcement thereof or a nolice
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 govemtnental police power not excluded by (a) above, except to lhe exlent
lhal a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of Policy, bul not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on lhe rights of a
purchaser for value without knowledge,
3, Defects, liens, encumbrances, adverse claims, or other matters;
(a) created, suffered, assumed or agreed to hy 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 nol disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under
this policy;
Attachment One (07-26-10)
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent lo Dale of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien
for services, labor or material or to the extent insurance is afforded herein as lo assessments for street improvemenis under constmction or completed at Date of
Policy); or
(e) resulting in loss or damage which would nol have been sustained if the insured
claimant Iiad paid vaiue for the insured mortgage.
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
Invalidity or unenforceability of the Hen of the insured mortgage, or claim thereof, which arises out of lhe transaction evidenced by Ihe insured mortgage and is based
upon usury or any consumer credit prolection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any
statutory lien for services, labor or materials over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is nol 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.
Any claim, which arises out of the transaction creating the interest of the mortgagee
insured by this ppiicy, by reason of the operation of federal bankruptcy, slale insolvency, or similar crediiors' rights laws, lhat is based on;
(i) lhe transaclion creating the interesi of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
Page 9
ATTACHMENT ONE
(CONTINUED)
(ii) the subordination of the interest of the insured mortgagee as a result of the
applicalion ofthe doctrine of equitable subordination; or
(lil) the transaclion creating the interest of the insured mortgagee being deemed a
preferential transfer except where Ihe preferential transfer results from the failure:
(a) to timely record the instmment of transfer; or
(b) of such recordation to imparl notice to a purchaser for value or a judgment
or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy wil! also include tlie following Exceptions from Coverage:
EXCEPTfONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Taxes or assessments which are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency
or by the public records.
Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of Ihe land or which may be asserted by
persons in possession thereof.
EasemenIs, liens or encumbrances, or claims thereof, not shown by the public
records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any
other facts which a correct survey would disclose, and which are not shown by the
public records,
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) waler rights, claims or title lo water, whether or
not the matters excepted under (a), (b) or (c) are shown by the public records. Any lien or righl to a lien for services, labor or malerial nol shown by the Public
Records.
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICV (06-17-06)
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 that 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 lo
(i) the occupancy, use, or enjoyment of the Land; (ii) 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 limil the coverage provided under Covered Risk 5,
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2, Rights of eminent domain. This Exclusion does not modify or limit the coverage
provided under Covered Risk 7 or 8,
3, Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed lo by the Insured Claimant;
(b) not Known to the Company, nol recorded in the Public Records at Dale of
Policy, but Known to the Insured Claimant and not disclosed in writing to lhe
Company by the Insured Claimant prior to the date the Insured ClaimanI became an
Insured under this policy;
The above policy form may be issued to afford either Standard Coverage or Extended Coverage,
In addition to lhe above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include me following Exceptions from Coverage;
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will nol pay costs, attorneys' fees or expenses) that arise by reason of
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does nol
modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage thai would not have been sustained if Ihe Insured ClaimanI had paid value for the Insured Mortgage,
Unenforce ability 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 slale where the Land is situated.
Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage
that arises oul of Ihe fransaclion evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or tmth-in-lending law.
Any claim, by reason of the operalion of federal bankmptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured
Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason nol stated in Covered Risk 13(b) of this
policy.
Any lien on the Title for real estate taxes or assessments imposed by govemmental
authority and created or attaching between Dale of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does nol modify or
limit the coverage provided under Covered Risk 11(b),
(a) Taxes or assessments that are not shown as existing liens by lhe 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 nol shown by the records of such agency
or by the Public Records,
Any facts, rights, interests, or claims that are not shown by the Public Records bul that could be ascertained by an inspection of the Land or that may be asserted by
persons in possession of the Land,
Easements, liens or encumbrances, or claims thereof, not shown by the Public
Records.
Any encroachmenl, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would be disclosed by an accurate and complele land survey
of the Land and nol shown by the Public Records,
(a) Unpatented mining claims; (b) reservations or exceptioiis in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, wheiher or
not Ihe matters excepted under (a), (b), or (c) are shown by the Public Records,
Any lien or right to a lien for services, labor or material not shown by the Public
Records,
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICV (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and lhe Company will not pay loss or damage, costs, attomeys' 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, (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmenlal
protection, or the effect of any vioialion of Ihese laws, ordinances or govemmental regulations, except lo the extent that a notice ofthe enforcement thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged vioialion affecting the land has been recorded in the public records at Dale of Policy,
(b) Any govemmental 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
resuhing from a violation or alleged violation affecting the land has been recorded in lhe public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of Policy, but nol excluding from coverage any taking
which has occurred priorto Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
The above policy form may be issued lo afford eilher Standard Coverage or Extended Coverage,
In addition to the above Exclusions from Coverage, Ihe Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions ftom Coverage;
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, allomeys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any or notices of such proceedings, whether or not shown by the records of such agency
taxing authority that levies taxes or assessments on real property or by the public or by the public records,
records. Proceedings by a public agency which may result in taxes or assessments.
Defects. Hens, encumbrances, adverse claims, or olher matters;
(a) created, suffered, assumed or agreed lo by the insured claimant;
(b) not known lo the Company, not recorded in the public records ai Date of Policy,
but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent lo Dale of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant hadpaid value for the estate or interesi insured by this policy.
Any claim, which arises out of the transaction vesting in the insured the estate or interesi insured by this policy, by reason ofthe operation of federal bankruptcy, slale
insolvency, or similar creditors' rights laws, that is based on;
(i) Ihe transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent fransfer; or
(ii) the transaction creating the estate or interest insured by this policy being
deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instmment of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor,
Attachment One (07-26-10)
Page 10
ATTACHMENT ONE
(CONTINUED)
Any facts, rights, interests or claims which are nol shown by the public records but
which could be ascertained by an inspeclion of the land or which may be asserted by
persons in possession thereof
Easements, liens or encumbrances, or claims thereof, nol shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any olher lacls which a correct survey would disclose, and which are not shown by Ihe
public records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (c) water rights, claims or title to waler. whether or
not the mailers excepted under (a), (b) or (cl are shown by the public records.
Any lien or righl to a lien for services, laoor or material not shown by the Public
Records,
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the
Company will not pay loss oc damSge, cosls, attorneys' fees, ot expenses thai arise by
reason of;
t, (a) Any law, ordinance, permit, or govemmental regulation (including those
reiating to building and zoning) restricting, regulating, prohibiting, or relating lo
(i) the occupancy, use, or enjoyment of^he Land;
(ii) 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 limil the coverage provided under Covered
Risk 5,
(b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2, Rights of eminent domain. This Exclusion does nol modify or limit the coverage
provided under Covered Risk 7 or 8,
3. Defects, Hens, encumbrances, adverse claims, or other matters
(a) creaied. suffered, assumed, or agreed to by the Insured Claimant;
The above policy form may be issued lo afford either Standard Coverage or Extended Coverage,
In addilion to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage;
EXCEPTIONS FROM COVERAGE
This policy does nol insure against loss or damage (and the Company will nol pay costs, attorneys' fees or expenses) that arise by reason of
(b) nol Known to the Company, not recorded in Ihe Public Records al 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 ClaimanI became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, lhis does not modify or limil the coverage provided under Covered Risk 9 and 10), or
(e) resulting in loss or damage that would not have been sustained if the Insured
Claimant had paid value for the Title.
Any claim, by reason of the operalion of federal bankruptcy, state insolvency, or similar creditors' rights laws, lhal the transaction vesting the Tille as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason nol slated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by govemmental
authority and created or attaching between Date of Policy and the date of recording
of the deed or other instmment of fransfer in the Public Records thai vests Title as
shown in Schedule A.
(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 Ihe Public Records.
Any facts, rights, interests, or claims that are nol shown by the Public Records bul
that could be ascertained by an inspection of the Land or that may be asserted by persons in possession ofthe Latid.
Easements, liens or encumbrances, or claims thereof, not shown by the Public
Records,
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 nol shown by the Public Records,
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing Ihe 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 PubHc Records,
Any lien or right to a lien for services, labor or malerial nol shown by the Public Records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addilion to the Exceptions in Schedule B, Yow are not insured against loss, costs, attorneys' fees, and expenses resulting ftom:
1, Govemmental police power, and lhe existence or violation ofany law or government
regulation. This includes ordinances, taws and regulations conceming;
a. building
b. zoning
c. Land use
d. improvements on Land
e. Land division f environmenlal protection
This Exclusion does not apply to violations or Ihe enforcement of these matters if notice ofthe violation or enforcement appears in the Public Records al the Policy Date.
This Exclusion does not limil the coverage described in Covered Risk 14, 15. IC. 17 or 24,
2, The failure of Your existing simctures, or any part of them, to be constructed in
accordance with applicable building codes. This Exclusion does not apply to
violations of building codes if notice of the vioialion appears in the Public Records
al the Policy Date,
3, The righl to lake the Land by condemning it, unless:
a. notice of exercising the righl appears in the Public Records at the Policy Date;
b. Ihe taking happened before lhe Policy Date and is binding on You if You
bought the Land without Knowing of the taking.
4, Risks;
a, thai are creaied, allowed, or agreed to by You, whether or not they appear in Ihe
Public Records;
b, thai are Known to You at the Policy Date, bul not to Us, unless ihey appear in the Public Records al lhe Policy Date;
c, lhal result in no loss to You; or
d, lhal firsi occur afler the Policy Date - this does nol limit the coverage described
in Covered Risk 7, 8.d. 22, 23, 24 or 25,
5, Failure lo pay value for Your Title.
6, Lack of a righl:
a, to any Land outside ihe area specitically described and referred lo in
paragraph 3 of Schedule A; and
b, in streets, alleys, or waterways that touch the Land,
This Exclusion does not limil lhe coverage described in Covered Risk 11 or 18,
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limiled on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Dedudible Amount
Covered Risk 14: 1,00% of Policy Amounl
Our Maximum Dollar
$ 10,000.00
Covered Risk 15:
Covered Risk 16:
Covered Risk 18;
Attachment One (07-26-10)
S 2.500.00
(whichever is less)
1,00% of Policy Amounl
or
$ 5.000.00
(whichever is less)
1.00% of Policy Amounl
or
S 5,000,00
(whichever is less)
1,00% of Policy Amounl
or
S 2.500,00
(whichever is less)
Page 11
S 25.000.00
S 25,000.00
S 5.000.00
ATTACHMENT ONE
*_ > (CONTINUED) ^
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1, Governmental police power, and the existence or violation of those portions of any law or govemment regulation conceming:
a, building;
b, zoning;
c, land use;
d, improvements on the Land;
e, land division; and
f environmental protection.
This Exclusion does not Hmit the coverage described in Covered Risk 8,a,, 14, 15, 16, 18, 19, 20, 23 or 27.
2, The failure of Your existing sfructures, or any part of them, to be constmcted in accordance wilh applicable building codes. This Exclusion does not limit Ihe coverage described in
Covered Risk 14 or 15,
3, The right lo take the Land by condemning il. This Exclusion does not limit the coverage described in Covered Risk 17,
4, Risks;
a, thai are created, allowed, or agreed to by You, whether or not Ihey are recorded in the Public Records;
b, lhal are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records al the Policy Date;
c, that result in no loss to You; or
d, lhat first occur afler Ihe Policy Date - this does not limit the coverage described in Covered Risk 7, 8,e„ 25, 26, 27 or 28,
5, Failure lo 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 bankmptcy, state insolvency, or similar creditors' rights laws,
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A,
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amounl
Covered Risk 16:
Covered Risk 18:
CoveredRisk 19;
Covered Risk 21:
Our Maximum DpHar Limit of Liability
l,00%ofPoHcy Amount Shown in Schedule A $ 10,000,00
or
$ 2,500.00
(whichever is less)
1.00% of Policy Amounl Shown in Schedule A S 25,000,00
or
$ 5,000,00
(whichever is less)
1.00% of Policy Amounl Shown in Schedule A $ 25,000,00
or
S 5,000,00
(whichever is less)
1,00% of Policy Amount Shown in Schedule A S 5,000,00
or
$ 2,500,00
(whichever is less)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICV (10/13/01) EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy aiid the
Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
I, (a) Any law, ordinance or govemmental regulation (including but not limited to
zoning laws, ordinances, or regulations) resfricting, regulating, prohibiting or relating lo (i) the occupancy, use, or enjoyment of the Land; (ii) the character,
dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas 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 ofthe enforcement thereof or a nolice 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. This exclusion does
not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this
policy,
(b) Any governmental police power not excluded by (a) above, except to lhe extent
lhat 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 Ihe Public Records at Date of Policy, This exclusion does not limit the coverage provided under Covered Risks 12,13,14, and 16 of this policy.
Attachment One (07-26-10)
Rights of eminent domain unless notice of the exercise thereof has been recorded in
the Public Records at Date of Policy, bul nol excluding from coverage any taking which has occurred prior lo Date of Policy which would be binding on the rights of a
purchaser for value without Knowledge, 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 PubHc Records at Dale of
Policy, bul Known lo the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant;
(d) attaching or creaied subsequent to Dale of Policy (this paragraph does nol limil lhe coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and
26); or
(e) resulting in loss or damage which would nol have been sustained if the Insured
Claimant had paid value for the Insured Mortgage.
Unenforeeabilily of the lien of the Insured Mortgage because of the inability or
failure of the Insured al Date of Policy, or the inability or failure of any subsequenl owner of the indebtedness, to comply with applicable doing business laws of the
stale in which the Land is situated.
Page 12
ATTACHMENT ONE
(CONTINUED)
Invalidity or unenforceability ofthe lien ofthe Insured Mortgage, or claim thereof, which arises out ofthe transaclion evidenced by the Insured Mortgage and is based
upon usury, except as provided in Covered Risk 27, or any consumer credit protection or tmlh m lending law.
Real property taxes or assessments of any govemmental authority which become a
lien on the Land subsequent to Dale of Policy. This exclusion does nol limit the
coverage provided under Covered Risks 7, 8(e) and 26,
Any claim of invalidity, unenforceability or lack of priority ofthe 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 longer the owner of the estate or interest
covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8,
Lack of priority of the lien of the Insured Mortgage as lo each and every advance
made after Date of Policy, and all interest charged thereon, over liens, encumbrances
and other matters affecting the title, the existence of which are Known lo the
Insured at;
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which
changes the rate of interest charged, if the rale of interest is greater as a result of the
modification than it would have been before the modification. This exclusion does
not limil the coverage provided in Covered Risk 8,
The failure of the residential structure, or any portion thereof to have been
constmcted before, on or afler Date of Policy in accordance with applicable building codes. This exclusion does nol apply lo violations of building codes if notice of the
violation appears in Ihe Public Records at Date of Policy.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10)
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, attomeys' fees or expenses which arise by reason of
(a) Any law, ordinance, permii, or governmental regulation (including those relating to building and zoning) restricling. regulaling, prohibiting, or relating lo
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmenlal protection;
or Ihe effect ofany violation of ihese laws, ordinances, or govemmental regulations. This Exclusion 1(a) does nol modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or !6,
(b) Any govemmental police power. This Exclusion 1(b) does nol modify or limit Ihe coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
Rights of eminent domain. This Exclusion does nol modify or limit the coverage provided under Covered Risk 7 or 8,
Defects, liens, encumbrances, adverse claims, oc other matters
(a) creaied, 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, bul Known lo the Insured Claimant and not disclosed in writing to the Company by the Insured
ClaimanI prior lo the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage |o lhe Insured ClaimanI;
(d) attaching or created subsequenl to Dale of Policy (however, this does nol modify or limil the coverage provided under Covered Risk II, 16, 17, 18, 19, 20, 21, 22, 23. 24. 27 or
28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply wilh applicable doing-business laws of the slale where the Land is
siluated.
Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any
consumer credit prolection or tmlh-in-lending law. This Exclusion does nol modify or limil the coverage provided in Covered Risk 26,
Any claim of invalidity, unenforceability or lack of priority of the lien of lhe Insured Mortgage as lo Advances or modifications made after the Insured has Knowledge lhal the vestee
shown in Schedule A is no longer the owner ofthe estate or inleresi covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11,
Any lien on the Tille for real eslale taxes or assessments imposed by govemmental authorify and created or attaching subsequent lo Date of Policy. This Exclusion does not modify or
Hmit the coverage provided in Covered Risk 11(b) or 25,
The failure of the residential stmcture, or any portion of it. lo have been conslmcled before, on or after Dale of Policy in accordance with applicable building codes. This Exclusion does
nol modify or limit the coverage provided in Covered Risk 5 or 6.
Any claim, by reason ofthe operation of federal bankruptcy, slale insolvency, or similar creditors' rights laws, that the transaclion creating the lien ofthe Insured Mortgage, is
(a) a fraudulent conveyance or fraiidulent transfer, or
(b) a preferential transfer for any reason nol staled in Covered Risk 27(b) of this policy.
Attachment One (07-26-10)
Page 13
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Coide of Regulations Fidelity National Financial, Inc. and
its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along w/ith
the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of
this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your
transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more ofthe below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full description of
the terms, conditions and requirements for such discount. These discounts only apply to transactions involving
services rendered by the FNF Family of Companies. This notice only applies to transactions involving property
improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company
as indicated by the named discount.
FNF Underwritten Title Companies FNF Underwriters
CTC - Chicago Title Company CTIC - Chicago Title Insurance Co.
CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COfVIMITMENTS ON
SUBSEQUENT POLICIES
Where no major change in the title has occurred since the issuance of the original report or commitment, the
order may be reopened within 12 - 36 months and all or a portion of the charge previously paid for the report
or commitment may be credited on a subsequent policy charge within the following time period from the idate of
the report.
DISASTER LOANS
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within 24 months of the date of a declaration of a disaster area by the government of the
United States or the State of California on any land located in said area, which was partially or totally destroyed
in the disaster, will be 50% ofthe appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS
On properties used as a church or for charitable purposes within the scope of the normal activities of such
entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50%
to 70% ofthe appropriate title insurance rate, depending on the type of coverage selected. The charge for a
lender's policy shall be 32% to 50% of the appropriate title Insurance rate, depending on the type of coverage
selected.
SHORT TERM RATE
The Short Term Rate is a reduction of the charges shown in the Insurance Tables which is allowable only when
the current order is placed within 60 months from the date of issuance of a prior CLTA or ALTA Form of Policy of
any qualified title insurer and provided further that the grantor, borrower, lender, lessor or assignor is insured
by or under the terms of a prior policy, or is the vested owner of the interest insured by said policy. The short
term rate is 64% to 92% ofthe appropriate title insurance rate depending on the type of coverage selected.
EMPLOYEE RATE
No charge shall be made to employees (including employees on approved retirement) ofthe Company or its
underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing,
refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized
only in connection with those costs which the employee would be obligated to pay, by established custom, as a
party to the transaction.
CA Discount Notice CT (9-17-09)
Page 14
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* CARLSBAD FILE
Community & Economic Development www.carisbadca.gov
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at
the Council Chambers, 1200 Carisbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 4,
2013, to consider a request for the following:
CASE NAME: CDP 13-25 - 4419 PARK DRIVE
PUBLISH DATE: November 22, 2013
DESCRIPTION: Request for approval of a Coastal Development Permit to allow for the construction of a new
3,780 square foot single family residence and attached three car garage within the City's Coastal Zone located at
4419 Park Drive in the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone
1. 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 15303 (a) construction
of a single family residence of the state CEQA Guidelines.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the
decision makers with any oral or written comments they may have regarding the project. Copies of the staff
report will be available online at http://carlsbad.granicu5.com/ViewPubnsher.php7view id=6 on or after the Friday
prior to the hearing date.
If you have any questions, or would like to be notified of the decision, please contact Greg Fisher in the Planning
Division at (760) 602-4629, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635
Faraday Avenue, Carlsbad, Californta 92008.
APPEALS
The time within which you may judicially challenge these projects, if approved, is established by State law and/or
city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in written correspondence
delivered to the City of Carlsbad at or prior to the public hearing.
• Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in
writing within ten (10) calendar days after a decision by the Planning Commission.
• Coastal Commission Appealable Project:
^ This site is not located within the Coastal Zone Appealable Area.
Application deemed complete: October 24. 2013
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission
within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of
Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude.
The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego,
California 92108-4402.
CITY OF CARLSBAD
PLANNING DIVISION
Planning Division
1635 Faraday Ave. I Carlsbad, CA 92008 ! 760-602-4600 I 760-602-8558 fax
S4^^>N CITY OF ^ ^ O FILE
^ CARLSBAD
Community SE Economic Development www.carisbadca.gov
EARLY PUBLIC NOTICE
PROJECT NAIVIE: 4419 PARK DRIVE
PROJECT NUMBER: CDP 13-25
This early public notice is to let you know that a development application for a Coastal Development
Permit within your neighborhood has been submitted to the City of Carlsbad on September 5, 2013. The
project application is undergoing its initial review by the City.
LOCATION: 4419 Park Drive
PROJECT DESCRIPTION: Construct a new two story single family residence {3,780 sf.) with attached
three car garage.
Please keep in mind that this is an early public notice and that the project design could change as a
result of further staff and public review. A future public hearing notice will be mailed to you when this
project is scheduled for public hearing before the Planning Commission.
CONTACT INFORIVIATION; If you have questions or comments regarding this proposed project please
contact Greg Fisher, Assistant Planner at greg.fisher(S)carlsbadca.gov, 760-602-4629, City of Carlsbad
Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008.
Planning Division
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: CDP 13-25
BUILDING ADDRESS: 4419 PARK DR
PROJECT DESCRIPTION: NEW SFD
ASSESSOR'S PARCEL NUMBER: 206-192-45-00
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 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: G. RYAN Date: 10.08.2013
DENIAL
Please see the attached report of deficiencies marked with
IHl. 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:
ADDRESS:
PHONE:
1635 Faraday Ave
Carlsbad, CA 92008
(760) 602-4665
COMMENTS: Replace all notes on sheets No. C-1, A-2 and A-4, thdft reference San Diego, San
Dtego City, San Diego County and SDMC. All notes shall reference appropriate local
(Carlsbad) codes, ordinances and standards.
CITY OF
^ CARLSBAD
Memorandum
September 23, 2013
To: Greg Fisher, Project Planner
From: David Rick, Project Engineer
Via: Glen Van Peski, Engineering Manager
Re: CDP 13-25: 4419 Park Drive
COMPLETE
Land Development Engineering has completed a review ofthe above-referenced project for
completeness and engineering issues of concern. All items needed for engineering review are
provided for determining the application as complete. Engineering issues which need to be
resolved or adequately addressed priorto staff making a determination on the proposed
project are as follows:
1. The bottom of slope must be located 15 feet back from the proposed house per City
Standard GS-15. The slope is approximately 10 feet from the house near the south side
of the property. Please revise accordingly. If you wish to maintain a lesser distance
than 15 feet, then provide a letter of support from a registered soils engineer with any
recommendations for protecting the onsite structure from landslides, such as building
the rear yard retaining wall above the brow ditch as a freestanding retaining wall to
capture or hinder the advancement of any potential landslides.
2. Show public utilities within the street and proposed water service and sewer lateral.
3. Maintain 2% drainage five feet from the building foundation to the drainage swale. If
you want to design with a lesser distance as is shown along the south side of the house,
then submit a recommendation letter from a registered soils engineer.
4. Address the redlined comments on the attached site plan.
If you or the applicant has any questions, please either see or contact me at 602-2781.
9^
DAVID RICK ^/ •
Associate Engineer
Land Development Engineering
Attachment: redlined plans
Community & Economic Development
1635 Faraday Ave, 1 Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
4\ARLSBAD FILE COPY
Community & Economic Development www.carlsbadca.gov
PLANNING COMMISSION
NOTICE OF DECISION
December 5, 2013
Phil Gaitaud
PB Box 28696
San Diego, CA 92198
SUBJECT: CDP 13-25-4419 PARK DRIVE
At the December 4, 2013 Planning Commission meeting, your application was considered. The
Commission voted 7-0 to approve your request. The decision of the Planning Commission is final on the
date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10)
calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The
written appeal must specify the reason or reasons for the appeal.
If you have any questions regarding the final dispositions of your application, please contact your project
planner Greg Fisher at (760) 602-4629 or Ereg.fisher@carlsbadca.gov.
Sincerely,
<LyL
DON NEU, AlCP
City Planner
DN:GF:bd
c: Data Entry
File
enc: Planning Commission Resolution No. 7027
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
4\ARLSBAD FILE COPY
Community & Economic Development www.carlsbadca.gov
December 11, 2013
Phil Gaitaud
18690 Polvera Drive
San Diego, CA 92128
SUBJECT: NOTICE OF RESTRICTION - CDP 13-25 - 4419 PARK DRIVE
Dear Applicant:
Please find the enclosed Notice of Restriction and Notice and Waiver concerning multi-impacts that
need to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of
the CDP 13-25. Please ensure the following items are addressed prior to returning the Notices:
^ Correct Notary Acknowledgement Required (Effective Januarv 1. 2008. all Certificates of
Acknowledgement used by a California notarv on a document that wilt 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.
7' Please pay particular attention to the signature requirements at the bottom ofthe signature page.
It is our goal to assist you in getting the Notices 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,
GREG FISHER
Assistant Planner
c: Michele Masterson, CED Senior Management Analyst
File Copy
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
%ARLSBAD "LE COPY
Community & Economic Development www.carlsbadca.gov
September 27, 2013
Phil Gaitaud
18690 Polvera Drive
San Diego, CA 92128
SUBJECT: 1st REVIEW FOR CDP 13-25 - 4419 PARK DRIVE
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Coastal Development Permit, application no. CDP 13-25, as to its completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information which
must be submitted to complete your application. The second list is project issues of concern to staff. In
order to expedite the processing of your application, the "incomplete" items and your response to the
project issues of concern to Staff must be submitted directly to your staff planner; therefore, please
contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal
package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter
summarizing how all identified incomplete items and/or project issues have been addressed; and (3)
four (4) sets of revised plans. No processing of your application can occur until the application is
determined to be complete.
When all required materials are submitted, the City has 30 days to make a determination of
completeness. If the application is determined to be complete, processing for a decision on the
application will be initiated. In addition, please note that you have six months from the date the
application was initially filed, September 5, 2013, to either resubmit the application or submit the
required information. Failure to resubmit the application or to submit the materials necessary to
determine your application complete shall be deemed to constitute withdrawal of the application. If an
application is withdrawn or deemed withdrawn, a new application must be submitted.
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:
Planning Division
1635 Faraday Avenue, Carlsbad. CA 92008-7314 T 760-602-4600 F 760-602-8559
9 CDP 13-25-4419 PARK DRIV
September 27, 2013
Page 2
• Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781
• Fire Prevention Division: Fire Inspections, at (760) 602-4661
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:GF:fn
Attachments: Engineering Red Lines
c: 4415 Park Drive, Carlsbad, CA 92008
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
CDP 13-25-4419 PARK DRIVE
September 27, 2013
Page 3
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
None
Engineering:
1. The bottom of slope must be located 15 feet back from the proposed house per City Standard
GS-15. The slope is approximatety 10 feet from the house near the south side of the property.
Please revise accordingly. If you wish to maintain a lesser distance than 15 feet, then provide a
letter of support from a registered soils engineer with any recommendations for protecting the
onsite structure from landslides, such as building the rear yard retaining wall several feet higher
than the brow ditch as a freestanding retaining wall to capture or hinder the advancement of
any potential landslides.
2. Show public utilities within the street and proposed water service and sewer lateral.
3. Maintain 2% drainage five feet from the building foundation to the drainage swale. If you want
to design with a lesser distance as is shown along the south side of the house, then submit a
recommendation letter from a registered soils engineer.
4. Address the redlined comments on the attached site plan.
CDP 13-25-4419 PARK DRIVE
September 27, 2013
Page 4
ISSUES OF CONCERN
Planning:
1. Please revise the Brush Management Zone notes located on Sheet C-1 to reflect the policies of
the City of Carlsbad and not the City of San Diego.
2. Include the City's General Plan Land Use designation for the project site, Residential Low
Medium (RLM), within the project notes.
3. Include the required front, side and rear yard setback requirements within the project notes.
4. Please include the City's assigned project number, CDP 13-25, within the upper-right hand
portion ofthe plans.
5. Please provide Fire Prevention approval regarding the proposed building setback from the
natural vegetation located within the open space easement.
Engineering:
None
Fire:
Please contact Fire Prevention directly for project comments/issues.
^*\ARLSBAD FILE COPY
Community & Economic Development www.carlsbadca.gov
October 24, 2013
Phil Gaitaud
18690 Polvera Drive
San Diego, CA 92128
SUBJECT: 2nd REVIEW FOR CDP 13-25 - 4419 PARK DRIVE
The items requested from you earlier to make your Coastal Development Permit, application no. CDP
13-25 complete have been received and reviewed by the Planning Division. It has been determined that
the application is now complete for processing. Although the initial processing of your application may
have already begun, the technical acceptance date is acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that could be
discovered during project review and/or environmental review. Any issues should be resolved prior to
scheduling the project for public hearing. In addition, the City may request, in the course of processing
the application, that you clarify, amplify, correct, or othenwise supplement the basic information
required for the application.
After the Engineering Division redline comments have been addressed, the City asks that you provide 4
complete sets of the development plans so that the project can continue to be reviewed. The City will
complete the review of vour resubmittal within 25 davs.
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: David Rick, Associate Engineer, at (760) 602-2781
• Fire Department: Fire Inspections, at (760) 602-4661
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:GF:fn
Attachment: Engineering Division Redline comments
c: Renee Gaitaud, 4415 Park Drive, Carlsbad, CA 92008
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Prindpal Planner
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
CDP 13-25 - 4419 PARK DRIVE
qctoJ)er24, 2013
fiae^. i
ISSUES OF CONCERN
Planning:
1. After a recent Inspection of the project site, staff verified the construction of a retaining wall.
Although it has been determined by the Building Division that the wall Is exempt from a building
permit due to its height, it is considered development within the Coastal Zone and therefore
requires a Coastal Development Permit. Please stop construction of the wall until the Coastal
Development Permit has been approved by the City. The application will not proceed further until
this situation has been rectified. Refer to Engineering comments regarding cleaning up the project
site.
Engineering:
1. Refer to the attached redline comments.
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