HomeMy WebLinkAboutCDP 14-03; Sunnyhill Guest House; Coastal Development Permit (CDP) (2)^ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Deve/opmenf Permits
[ ] Coastal Development Pennit (*) [^Minor (/f/-0 5
I ] Conditional Use Pennit (*)
I |l\4inor | [Extension
I ] Day Care (Large)
(FOR DEPT. USE ONLY) Leois/atfve Permits (FOR DEPT. USE ONLY)
Environmental Impact Assessment
Habitat Management Permit Minor
Hillside Development Permit (*) Minor
Nonconforming Construction Permit
Planned Development Permit | ^inor
I [Residential [ [Non-Residential
Planning Commission Determination
Site Development Plan [ [Minor
[ I Special Use Permit
[ [ Tentative Parcel Map (Minor Subdivision)
Tentative Tract Map (Major Subdivision)
Variance [ [ Minor
eneral Plan Amendment
[ ^ocal Coastal Program Amendment (*)
Master Plan
Specific Plan
Zone Change (*)
Zone Code Amendment
Amendment
Amendment
South Carlsbad Coastal Review Area Permits
Review Permit
Administrative [ ^inor [ [Major
Villaae Review Area Permits
Review Permit
Administrative [ [Minor [ [Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMnTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 PM,
ASSESSOR PARCEL NO(S)
PROJECT NAME:
BRIEF DESCRIPTION OF PROJECT: BCD/^t> PUU^LL/N(jf /J/VlT ^l^^J^^C^)
BRIEF LEGAL DESCRIPTION: PARCJ5L / 4 ^ PM /r2b4-0
LOCATION OF PROJECT:
ON THE:
BETWEEN
(NORTH, SOUTH. EAST, WEST)
(NAME OF STREET)
SIDE OF
AND
STREET ADDRESS
(NAME OF STREET)
(NAME OF STREET)
p-1 Page 1 of 6 Revised 12/13
OWNER NAME
(Print): Oi^ ^e^i-'^V /J^C
MAILING ADDRKS: ^Qi^ j^UNAiY^lLL IPR
CITY, STATE ZIR ^/rj^/^AW:? ^^7^^
TELEPHONE ^/f ^rO^ r-'34'l7
EMAIL ADDRESS: A^/ CHA ^L^ CO Sp f^fiff^Zy
APPLICANT NAME MfcHAEL. Kr)rm:mr.f^
MAILING ADDRKS: ^Qi^ ^UNAfYMlLL PR
CITY. STATE ZIP <::-^Ri^f^^^^A 7^/>9^
TB-B^ONE ^/^ f^n^ ^-34-17
EMAIL ADDRESS: MlCHAIEL^ CO SPP^f^^r^
/A/<HT.C<ifiV^'(P>hA ^ • '—-^
I CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INF0RMA1ff)N IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEI
'SIGNATURE
CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT j/iX. THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BESWF MY KNOWLEDGE.
3NATURE
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY. STATE. ZIP: ^f^t<^ DJ/r/hri?^. CZA ^//6
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORREfiT TO jHp RF.qr OF MY KNOWLEDGE.
DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/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 AfjD BIND ANY SUCCESSORS IN INTEREST.
PR' RTY OWNER SIGNATURE
FOR CITY USE ONLY
FES 2 I 2D;'I
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED
P-1 Page 2 of 6 Revised 12/13
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1405201-1 02/21/2014 149
Fri, Feb 21, 2014 10:59 AM
Receipt Ref Nbr: R140520M/0015
PERMITS - PERMITS
Tran Ref Nbr: 140520101 0015 0017
Trans/Rcpt#: R0099995
SET #; CDP14003
Amount; 1 @ $843.00
Item Subtotal: $843.00
Item Total: $843.00
1 ITEM(S) TOTAL: $843.00
Check (Chk# 02271) $843.00
Total Received: $843.00
Have a nice day!
*****i|:********C[jSTOMER COPY*************
city of Carlsbad
163 5 Faraday Avenue Carlsbad CA 920 08
Applicant: KOOTCHICK, MICHAEL
Description
CDP14003
4 005 SUNNYHILL DR CBAD
Amount
843.00
Receipt Number: ROO99996
Transaction Date: 02/21/2014
Transaction ID: R0099996
Pay Type Method
Payment Cash
Description Amount
843.00
Transaction Amount: 843.00
^ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carisbadca.gov
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 project
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 permits and/or construction penmits). The results of the questionnaire determine the level of stonn water standards that
must t>e applied to a proposed development or redevelopment project Depending on the outcome, your project will either be subject to
'Standard Stormwater Requirements' or be subject to additional 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 final assessment after submission of the devetopment application. If staff determines that the questionnaire
was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the retum
of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to tiie 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 Engineering 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 concurrentiy.
In addition to tiiis questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction pemnits
for tiie project
Please start by completing Step
application to ttie city.
1 and follow tlie instructions. Wtien completed, sign ttie form at the end and submit this with your
if'"...... i*IZ^&:.^=uMi^Z.J^'^-:i5^Bi'u V
To determine if your project is a priority development project, please answer the following questions:
YES NO
1. Is your project LIMITED TO consbiicting new or reti-ofitting paved sidewalks, bicycle lanes or trails ttiat meet
the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constiucted to be hydraulically disconnected from
paved sti'eets or roads; OR (3) designed and constiucted with pemieable pavements or surfaces in
accordance with USEPA Green Sti'eets guidance?
K
2. Is your project LIMITED TO reti-ofitting or redeveloping existing paved alleys, sti'eets, or roads that are
designed and constructed in accordance with tiie USEPA Green Sti'eets 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, mark the last box stating "my
project does not meet PDP requirements" and complete applicant Infonnation.
If you answered "no* to both questions, ttien go to Step 2.
E-34 Page 1 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.carisbadca.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 ttiat creates 10,000 square feet or more of impervious surfaces collectively
over ttie entire project site? 77j/s includes commercial, industrial, residential, mixed-use, and public
development prefects on public or private land.
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over ttie entire
project site on an existing site of 10,000 square feet or more of impervious surface? 77J/S includes commercial,
industrial, residential, mixed-use, and public development prefects on public or private land. X
3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over tiie entire project site and supports a resfaurant? A restaurant is a facility that sells prepared
foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks fyr immediate consumption.
Y
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
5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over ttie entire project site and supports a parting lot A partdng tof is a land area or facility for the
temporary paridng or storage of motor vehicles used personally for buaness or for commerce. y
6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impen^ous surface
collectively over ttie entire project site and supports a street road, highway freeway or driveway? A street,
road, highway, freeway or driveway is any paved impervious surface used for the transportation of
automobiles, trucks, motorcycles, and other vehicles.
Y
7. Is your project a new or redevelopment project ttiat creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directiy to an Environmentally Sensitive
Area (ESA)? 'Discharging Directly to' includes flow 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 from the
project to the ESA (ie. not commingles with flows from adjacent lands).*
X
8. Is your project a new development tiiat supports an automotive repair shop? An automotive mpair shop is a
facility that is categorized In any one of the following StandanJ Industrial Classification (SIC) codes: 5013,
5014, 5541, 7532-7534, or 7536-7539. Y
9. Is your project a new development ttiat supports a refail gasoline outiet (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.
10. Is your project a new or redevelopment project that results in the disturiDance of one or more acres of land and
are expected to generate pollutants post constiuction? y
11.1s your project tocated within 200 feet of ttie Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on ttie property by more ttian 10%? X
If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to
implementing sbuchjral Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such
as source control and low impact development BMP's. A Stonn Water Management Plan (SWMP) must be submitted witti your
application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this
questionnaire, checit the "my project meets PDP requirements" box and complete applicant information.
If you answered "no" to all of the above questions, you ARE NOT a priority development proiect 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 Storm Water Management Plan (SWMP) is not required with your application(s) for development Go to step
4 at tlie 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.carisbadca.gov •
Complete the questions below regarding your redevelopment project: YES NO
Does ttie redevelopment project result in tfie creation or replacement of impervious surface in an amount of less than
50% of ttie surface area ofthe previously existing development?
If you answered "yes," ttie stixictural BMP's required for Priority Development Projects apply only to ttie creation or replacement of
impervious suriiace and not ttie entire development Go to step 4, check the "my project meets PDP requirements" box and
complete applicant Information.
If you answered "no," the structural BMP's required for Priority Development Projects apply to tiie 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) requirements and must comply witti additional stormwater
criteria per ttie SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow conti'd (hydromodification) requirements may apply to my project. Refer to SUSMP for details.
My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
ttie SUSMP. As part of these requirements, I will incorporate low impact development sti'ategies throughout my project.
Applicant Information and Signature Box
Applicant Name: . , _ . i ^i.
Applicant Signature
Accessor's Parcel Number(s>: _
Applicant Titie:
This Box for Qty Use Only
City Concun'ence: YES NO City Concun'ence:
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 ttie State Water Resources
Conti-ol Board (Water Quality Confrol Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or ttieir
quivalent under ttie Multi Species Conservation Program within the Cities and County of San Diego; and any ottier equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of 3 Effective 6/27/13
^ DISCLOSURE Development Services
<^m- STATEMENT planning Division
^ CITY Of p <f/A\ 1635 Faraday Avenue
r^ARI ^RAn (760)602^610
V«,/AIAL«JD/»I-<' www.carisbadc9.gov
Applicant's statement or disclosure of certain ownership interests on all applications wfiich 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, firni, co-partnership, joint venture, association, social club, fratemal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county^ city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corooration or oartnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person/i/iIrmr.L //^nrotit^/^^ corp/part vKmkiP^ ^WQ9/no
Title f.fFLl/'Jrhir Title FKG-^ttPU^T
Addre^s4/)/lff^lJAJ^)Y^Ill^I?/^ Address -fOQ B flJl^/^ Ytf 11/L PR
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
PetsonMkW^L^UWl^K Corp/Part /^K^m^TY ftOl^O/U6'>/N6
Title ^W//^p- Title FRB^llDfJ^
^ Address4t^^tf f^UhJAJVHJUAddress4^^^ ^UNfJ^y^LU t?K
P-1 (A) Pagel of2 Revised07/10
c • c
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 oi^anization or as trustee or benefidaiy of the.
Non Profit/Tmst Non ProfitH'rust '.
Title Title
Address Address
Have you had more tiian $500 worth of business transacted witii any member of City
staff, Bopfdsr Comr]^$^ons, Committees and/or Council within the past twelve (12)
mon^j*?
/es No Ifyes, please indicate person(s):.
NOTE: Attach additional sheets If necessary.
I certify that ali the above information Is true and connect to the best of my lofiowledge.
^ V^/^y ^/^/i¥
Signature of owner/date Signature of applicant/date < ' '
Print or type name of owner Print or type name of applicant 2i-Signature of owner/applicant's agent if applicable/date
• 5T11 Pritit or typeTiame of owner/applicanf s agent
P-1(A) Page 2 of 2 Revised 07m
^ IVIINOR COASTAL „ , ^ .
<;<DEVELOPMENT PERMIT/ Development Services
^ CITY OF SINGLE FAMILY RESIDENCE Planning Division
CARLSBAD ^"uc^r^^ ''''T.Xr^'i
^ ^ r,"" , , , 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 detemiination 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 proposa/s may also be submitted for consideration by the City
Planner). Please refer to tlie cunent fee schedule for the appropriate $/square foot fee rate.
=> New Residential Square Footage:
f)^0 square feet x $ II0>\7 /so. ft. = $
=> Residential Addition Square Footage:
square feet x $ Isq. ft. = $
Any Garage Square Footage:
6^0 square feet x $ T^-l^ /so. ft. = $_
Residential Conversion Square Footage:
square feet x $ /sq. ft. = $_
Please contact the City of Carisbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
square feet x $ Isq. ft. = $
COST OF DEVELOPMENT ESTIMATE: $
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate)
2. A Coastal Development Permit ($60,000 or more cost estimate) •
C. Street address of proposed development
p-6 Pagel of6 Revised08/13
D. Assessor's Parcel Number of proposed development
7.01-O^/.^-?;,
E. Development Description:
Briefly describe project: SBrLOf^ry r?)AJ^.l^l^/Kr(^ trhst/T Qs4-f>
F. Describe the present land uses (i.e. vacant land, single family homes, apartments,
offices, etc.) that surround the proposed development to the:
North: ^/V^^ .*-vW>/^V- ^j^B
South:
East:
West:
G. Is project located within a 100-year flood plain? O Yes Q^o
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? [3^es • No
If yes, please describe.
B. Will any existing structure be removed/demolished? O Yes Qlvlo
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans).
III. LOT COVERAGE
A. Existing and Proposed
Existing Proposed Total
Building Coverage "54-7^ so. ft. so. ft. 4€>6J^ SO. ft. /£.»/
Landscaped Area sq.ft. sq.ft. sq.ft. %
Hardscape Area sq.ft. sq.ft. sq.ft.
Unimproved Area (Left Natural) sq.ft. sq.ft. sq.ft.
B. Parldng: Number of existing spaces
%
%
%
Number of new spaces proposed
Existing/Proposed TOTAL:
Number of total spaces required _
Number of covered spaces
Number of uncovered spaces
Number of standard spaces
p-6 Page 2 of 6 Revised 08/13
Number of compact spaces
Is tandem partying existing? 03 Yes # 0tJo
Is tandem partying proposed? • Yes # B No
C. Grade Alteration:
Is any grading proposed? O Yes Q^o
If yes, please complete the following:
1. Amount of cut cu. yds.
2. Amount of fill cu. yds.
3. Maximum height of fill slope ^feet
4. Maximum height of cut slope feet
5. Amount of import or export cu. yds.
6. Location of borrow or disposal site
p-6 Page 3 of 6 Revised 08/13
^ CITY OF
CARLSBAD
PROJECT
DESCRIPTION
P-1(B)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: -^U A/fl/YffL J^l <^/J/^T ^^^'^^
APPLICANT NAME: /HlOHA^L ^^CT^^l^^f:^
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background infomiation and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
DESCRIPTION:
PROPOSED
New two story Second Dwelling Unit
One Bedroom / One Bathroom
(3) Garages on first floor.
P-1(B) Page 1 of 1 Revised 07/10
HAZARDOUS WASTE Development Services
AND SUBSTANCES
^ CITY OF STATEMENT I635 Faraday Avenue
Planning Division
CARLSBAD P-TCC) (760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
0 The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 ofthe State Govemment Code.
r~l The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 ofthe State Govemment Code.
APPLICANT PROPERTY OWNER
Name:M/ymS^ /^/^///C.^ Name: , /^^/^^T/ HrD l^r>/)^ A <:
Addressr^/?C 91^/^1^/^^:ILL fZjP Address: ^^/)^ 5iJ/VAtYfi/U f^P
Phone Number: Phone Number: ^/^ ^0^^4'/7
Address of Site: 4/)0hTU V/tJ/^ 6^ .
Local Agency (City and Countv): ^^^Arf-M-I^ f^^j^^ -^/^T^ P/B^rO C/OVNTY
Assessor's book, page, and parcel number: 2.0 "7^ 0(hJ ^^'d^
Specify list(s):_
Regulatory Identification Number:
Date of List:
Applicant Signature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing infomnation about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
ATTACHMENT "1"
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO
THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE
INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
APPLICANT OR APPLICANTS REPRESENTATIVE
BY: ^:^^y^r 77V-r/.^/^
DATE: 1 'll'/^
RECEIVED BY
DATE:
P-21 Page 3 of 6 Revised 07/10
Page 1 of 1
Gary Taylor
From: "Michael Kootchick" <makootch@aol.com>
To: <gtdesign@cox.net>
Sent: Tuesday, February 18, 2014 7:18 AM
Attach: photo.JPG
Subject: West view Sunnyhill
Please update your contact information to reflect my new email address:
MlCHAEL(a),SDPROPERTYMANAGER.COM
2/18/2014
Page 1 of 1
Gary Taylor
From: "Michael Kootchick" <makootch@aol.com>
To: <gtdesign@cox.net>
Sent: Tuesday, February 18, 2014 7:19 AM
Attach: photo.JPG
Subject: East view Sunnyhill
Please update your contact information to reflect my new email address:
M1CHAEL@,SDPR0PERTYMANAGER.C0M
2/18/2014
Page 1 of 1
Gary Taylor
From: "Michael Kootchick" <makootch(gaol.com>
To: <gtdesign(gcox.net>
Sent: Tuesday, February 18, 2014 7:19 AM
Attach: photo.JPG
Subject: South view Sunnyhill
illl?
Please update your contact information to reflect my new email address:
MlCHAEL(a)SDPROPERTYMANAGER.COM
2/18/2014
Page 1 of 1
Gary Taylor
From:
To:
Sent:
Attach:
Subject:
"Michael Kootchick" <makootch@aol.com>
<gtdesign@cox. net>
Tuesday, February 18, 2014 7:18 AM
photo.JPG
North view Sunnyhill
Please update your contact information to reflect my new email address:
M1CHAEL@SDPR0PERTYMANAGER.COM
2/18/2014
D Chicago Title Company
2365 Northside Drive, Suite 500, San Diego, CA 92108
Phone: (619)521-3500 • Fax:
Issuing Policies of Chicago Title Insurance Company
ORDERNO.: 12210893-993-U21 Escrow/Customer Phone: (619)521-3500
S.O.S. Management & Property Services, Inc Title Officer: Zona Weekley (SD/Comm)
11855 Sorrento Valley Rd. #D Title Officer Phone: (619) 521-3492
San Diego, CA 92121 Title Officer Fax: (619)881-2081
ATTN: Michael Kootchick Title Officer Email: zona.weekley@ctt.com
Email: makootch@aol.com
Ref: DK Realty Holdings
PROPERTY: 4005 SUNNYHILL DRIVE, CARLSBAD, CA
PRELIMINARY REPORT
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 policy forms.
The printed Exceptions and Exclusions 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's 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, a Nebraska
Corporation.
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.
Countersigned:
_ _ rrssT
By:
Authorized Signature
CLTA Preliminary Report Form - Modified (11/17/06) Page 1
Chicago Title Company
2365 Northside Drive, Suite 500, San Diego, CA 92108
Phone: (619)521-3500 • Fax:
PRELIMINARY REPORT
SCHEDULE A
EFFECTIVE DATE: October 3,2013 at 7:30 a.m.
The form of policy or policies of title insurance contemplated by this report is:
No Policy Issued
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
A Fee as to Parcel(s) A and C
An Easement($) more fully described below as to Parcel(s) B
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
DK Realty Holdings, Inc., a California Corporation
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
CLTA Preliminary Report Form - Modified (11/17/06) Page 2
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Holdings
Chicago Title Company
ORDERNO.: 12210893-993-U21
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 AND A PORTION OF PARCEL 3 OF PARCEL MAP NO 12640. RECORDED MARCH 29, 1983 AND
BOUNDARY ADJUSTED PER ADJUSTMENT PLAT 415, RECORDED JULY 9, 1992 PER DOCUMENT 1992-
0430210, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1, SAID CORNER BEING THE TRUE POINT
OF BEGINNING; THENCE SOUTH 26° 11,00" WEST, 132.41 FEET; THENCE NORTH 63°49' 00" WEST, 173.05 FEET;
THENCE NORTH 26° 10' 33" EAST, 10.59 FEET; THENCE NORTH 63° 04' 12" WEST, 38.20 FEET; THENCE NORTH
24° 16' 00" EAST, 2862FEET; THENCE NORTH 63° 53' 24" WEST, 63.45 FEET; THENCE NORTH 26° 06' 36" EAST,
92.79 FEET; THENCE SOUTH 63° 49' 00" EAST, 275.79 FEET TO THE TRUE POINT OF BEGINNING
PARCEL B:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES CONSISTING OF A PORTION OF LOT "E" OF CARLSBAD
MANOR UNIT NO 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS
SHOWN ON MAP NO 6503. AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON THE 14TH DAY OF OCTOBER 1969, BEE^JG THE NORTHEASTERLY 100 FEET OF THE
FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCING AT THE CENTER LINE INTERSECTION OF SUNNYHILL DRIVE AND ALDER AVENUE AS
SHOWN ON SAID MAP NO 6503; THENCE SOUTH 26° 11'OO" WEST, 174.44 FEET ALONG THE CENTER LINE OF
SAID ALDER AVENUE TO THE NORTHEASTERLY LINE OF SAID LOT "E" BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 26° 11' 00" WEST, 184.69 FEET; THENCE SOUTH 71° 11' 00" WEST,
42.43 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT "E"; THENCE NORTH 26° 11' 00" EAST ALONG
SAID LINE OF LOT "E" 214.69 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE SOUTH 63° 49'
00" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING
EXCEPTING THEREFROM ALL THAT PORTION LYE^JG WITHIN PARCEL A HEREINABOVE DESCRIBED
PARCEL C:
ALL THAT PORTION OF PARCEL 4 OF PARCEL MAP NO 12640, RECORDED MARCH 29, 1983 AND BOUNDARY
ADJUSTED PER ADJUSTMENT PLAT 415, RECORDED JULY 9, 1992 PER DOCUMENT 1992-0430210.IOCATED IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO 12640, SAID
CORNER BEING THE TRUE POE^IT OF BEGINNING; THENCE NORTH 26° 11' 00" EAST, 92.39 FEET; THENCE
NORTH: 63° 49* 00" WEST, 148.05 FEET; THENCE NORTH 26° 10' 33" EAST 25.00 FEET; THENCE SOUTH 63° 49'
00" EAST 173.05 FEET; THENCE SOUTH 26° 11' 00" WEST, 151.25 TO A POINT ON A 47 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID 47 FOOT RADIUS CURVE, 25.38 FEET; THE
COURSE OF WHICH BEARS NORTH 68° 12' 25" WEST, 26.07 FEET; THENCE NORTH 26° 11' 00" EAST, 35.78
FEET TO THE TRUE POINT OF BEGINNING.
PLAT MAP
CLTA Preliminary Report Form - Modified (11/17/06) Page 3
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: DK Realty Holdings ORDERNO.: 12210893-993-U21
SCHEDULE B
EXCEPTIONS
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 personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.: 207-061 -43-00
Fiscal Year: 2013-2014
1st Installment: $5,841.36 Open (Delinquent after December 10)
Penalty: $584.13
2nd instalhnent: $5,841.36 Open (Delinquent after April 10)
Penalty and Cost: $594.13
Homeowners Exemption: None
Code Area: 09000
Prior to close of escrow, please contact the Tax Collector's Office to confrnn all amoimts owing, including current
fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies.
2. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.: 207-061-44-00
Fiscal Year: 2013-2014
1st Installment: $68.86 Open (Delinquent after December 10)
Penalty: $6.88
2nd instalhnent: $68.86 Open (Delinquent after April 10)
Penalty and Cost: $16.88
Homeowners Exemption: None
Code Area: 09000
Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, mcluding current
fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies.
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section
75) ofthe revenue and taxation code of the State of Califomia.
4. Easement(s) or right(s) of way for the purpose(s) shown below and rights mcidental thereto, as granted and/or
reserved in various deeds of record:
Purpose: Ingress and egress, pipelines, drainage and/or public utilities and incidental purposes
thereto over, under, along and across the easement parcel(s) herein described
Affects: Easement Parcel B
5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document:
Granted To: WM. G. Kerckhoff Company, a corporation
Purpose: Public utilities
Recording Date: October 13, 1944
Recording No: Book 1762. Page 126 of Official Records
Affects: The exact location and extent of said easement is not disclosed of record
CLTA Preliminary Report Form-Modified (11/17/06) Page 4
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Holdings
Chicago Title Company
ORDERNO.: 12210893-993-U21
SCHEDULE B - EXCEPTIONS
(Continued)
6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document:
Granted To: Edward C. Hummel and Miimie B. Hummel
Purpose: Private road and utility
Recording Date: December 22, 1952
Recording No: Book 4694. Page 333 of Official Records
Affects: As shown and delineated on Parcel Map No. 12640
7. Matters contained m that certain document
8.
9.
Entitled:
Dated:
Executed by:
Recording Date:
Recording No.:
Agreement
October 16, 1964
The City of Carlsbad
October 26, 1964
195268 of Official Records
Which provides for, among other things: Permission to place and maintain water service in street
Reference is hereby made to said document for full particulars
Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic
information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law, as set forth in the document
Recording Date:
Recording No:
October 6, 1969
183309 of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage
or deed of trust made in good faith and for value.
Modification(s) of said covenants, conditions and restrictions
Recording Date:
Recording No:
March 10, 1970
43114 of Official Records
Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication
on the map of said tract/plat;
Purpose:
Affects:
Lot "E" as reserved for fiiture street
As shown on said Map 6503
10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document:
Granted To:
Purpose:
Recording Date:
Recording No:
Affects:
The City Council of the City of Carlsbad
Water pipelines, storm drains and appurtenant structures
May 24, 1972
131071 of Official Records
As shown in said document.
CLTA Preliminary Report Form - Modified (11/17/06) Page 5
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Holdings
Chicago Title Company
ORDERNO.: 12210893-993-U21
SCHEDULE B - EXCEPTIONS
(Continued)
11.
13.
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted m a document:
Granted To:
Purpose:
Recording Date:
Recording No:
Affects:
San Diego Gas and Electric Company
Public utilities
October 2,1972
264011 of Official Records
As shown in said document.
12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document:
Granted To:
Purpose:
Recording Date:
Recording No:
Affects:
The City of Carlsbad
Water system, sewerage, drainage, power line, excavation, and/or embankment facilities
and appurtenances thereto, together with the right of ingress and egress
January 16, 1973
73-013617 of Official Records
As shown in said document.
Easement(s) for the purpose(s) shown below and rights mcidental thereto as delineated or as offered for dedication
on the map of said tract/plat;
14.
15.
Purpose:
Affects:
Private access and utility
As shown on said parcel map no. 12640
Matters contained in that certain document
Entitled:
Dated:
Executed by:
Recording Date:
Recording No.:
Agreement
December 28, 1982
Floyd L. Packard and the City of Carlsbad
January 7, 1983
83-006311 of Official Records
Which provides for, among other things: Payment of a public facilities fee
Reference is hereby made to said document for fiill particulars
Matters contained in that certain document
Entitled: Agreement
Dated: June 23, 1999
Executed by: Floyd A. Packard and Alice Packard, and the City of San Diego
Recordmg Date: July 1, 1999
Recording No.: 1999-0462496 of Official Records
Which provides for, among other things: Hold Harmless Agreement for drainage
Reference is hereby made to said document for full particulars
CLTA Preliminary Report Form - Modified (11/17/06) Page 6
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Holdings
Chicago Title Company
ORDERNO.: 12210893-993-U21
SCHEDULE B - EXCEPTIONS
(Continued)
16. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted m a document:
Granted To:
Purpose:
Recordmg Date:
Recording No:
Affects:
San Diego Gas and Electric Company
Underground electric facilities, communities facilities, pipelines and appurtenances
August 2, 1999
1999-0530902 of Official Records
As shown in said document.
17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
Thomas R. Sears and Wendy R. Sears, husband and wife as joint tenants
Private sewer and water
September 29, 2008
2008-0512881 of Official Records
As shown in said document
18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
Thomas R. Sears and Wendy R. Sears, husband and wife as joint tenants
Private sewer and water
December 6,2012
2012-0767238 of Official Records
As shown in said document
19. A deed of trust to secure an indebtedness m the amount shown below.
20.
21.
22.
Amount:
Dated:
Trustor/Grantor:
Trustee:
Beneficiary:
Loan No.:
Recording Date:
Recording No:
$1,005,500.00
January 7, 2013
DK Realty Holdmgs, Inc., a Califomia Corporation
Fidelity national Title Insurance Company
Ekst Republic Bank
22-496386-4
January 15, 2013
2013-0029469 of Official Records
Water rights, claims or title to water, whether or not disclosed by the public records.
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.
Any rights of the parties in possession of a portion of, or all of said Land, which rights are not disclosed by the
Public Records.
The Company will requu-e, for review, a fiill and complete copy of any unrecorded agreement, conttact, license
and/or lease, together with all supplements, assignments and amendments thereto, before issumg any policy of titie
insurance without excepting this item fi-om coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said
documents.
CLTA Preliminary Report Form - Modified (11/17/06) Page 7
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Holdings
Chicago Title Company
ORDERNO.: 12210893-993-U21
SCHEDULE B - EXCEPTIONS
(Continued)
END OF ITEMS
CLTA Preliminary Report Form - Modified (11/17/06) Pages
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Holdings
Chicago Tide Company
ORDERNO.: 12210893-993-U21
NOTES
Note No. 1: Section 12413.1, Califomia Insurance Code became effective January 1, 1990. This legislation regulates
the disbursement of fimds deposited with any title entity actmg m an escrow or sub-escrow capacity. The law
requu-es that all fimds be deposited and collected by the title entity's escrow and/or sub-escrow account prior to
disbursement of any fimds. Some methods of fimdmg may be subject to a holdmg period, which must expire before
any funds may be disbursed. In order to avoid any such delays, all funding should be done via wire transfer. Funds
deposited with the Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may requu-e hold
periods from two to five business days after the day deposited, and may delay your closing. The Company may
receive benefits fi-om such banks based upon the balances in such accounts. Such benefits will be retained by the
Company as part of its compensation for handling such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be that amount which in
the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is
used, but in no event shall said charge be less that the minimum amount required under Section 12404.1 ofthe
Insurance Code of the State of Califomia. If the report cannot be cancelled "no fee" pursuant to the provisions of
said Insurance Code, then the minimum cancellation fee shall be that permitted by law.
Note No. 3: Califomia Revenue and Taxation Code Section 18668, effective January 1, 1991, requu-es that the buyer in
all sales of Califomia Real Estate, withhold 3-1/3% of the total sales price as Califomia State Income Tax, subject to
the various provisions of the law as therein contained, and as amended.
Note No. 4: Your application for title insurance was placed by reference to a street address or assessor's parcel number.
Based upon our records, we believe that the description in this report covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers the parcel that
you requested.
Note No. 5: The plat, (map), which is attached to this report, is to assist you m locating land with reference to streets
and other parcels. While this plat is believed to be correct, the Company assumes no liability for any loss occurrmg
by reason of reliance thereon.
Note No. 6: 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 arismg out of or relatmg to this policy, any service ofthe 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. 7: 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. 8: Acceptance of the offer to msure provided for m this preliminary report constitutes the proposed insured's
agreement that the sole and only liability of the company (and the title insurer) related to then- actions in recordmg
the documents provided to it for the closing of the contemplated ttansaction and the disbursmg of fimds actmg in
the function of a subescrow shall be that contained in the policy of title insurance that is to be issued by the
company. The proposed insured understands and agrees that neither the underwritten company nor the title
insurance company can guarantee or represent the condition or status of title or any physical condition existant with
respect to real property. It is understood that no writing or instraction inconsistent with this understanding will have
any force or effect or impose any liability against the underwritten company or the title insure m the contemplated
ttansaction.
CLTA Preliminary Report Form - Modified (11/17/06) Page 9
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Holdings
Chicago Title Company
ORDERNO.: 12210893-993-U21
NOTES
(Continued)
Note No.9: This Company will requke the following documents for review prior to the issuance of any title assurance
predicated upon a conveyance or encumbrance by the corporation named below.
Corporation: DK Realty Holdings Inc.
(a) A Copy of the corporation By-Laws and Articles of Incorporation.
(b) An original or certified copy of a resolution authorizmg the ttansaction contemplated herem.
(c) If the Articles and/or By-Laws requu-e approval by a 'parent' organization, a copy of the Articles and By-Laws of
the parent.
The right is reserved to add requu-ements or additional items after completion of such review.
Note No. 10: There are no conveyances affectmg said Land recorded within 24 months of the date of this report.
Note No. 11: There is located on said land a single family residence known as 4005 Sunnyhill Drive Carlsbad, Ca
Note No. 12: Plotted easements
CLTA Preliminary Report Form - Modified (11/17/06) Page 10
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Holdings
Chicago Title Company
ORDERNO.: 12210893-993-U21
NOTES
(Continued)
WIRE INSTRUCTIONS
When fimds are wned to Chicago Titie Company, please use the instmctions below:
Union Bank
1980 Sattmi St.
Monterey Park, CA 91756
ABA (Routmg) Number: 122000496
Account No.: 0010425492
Account Name: Chicago Titie Company
Please credit Chicago Title Company and reference our Order No. 12210893-993-U21 to avoid retum of funds.
Funds received by Chicago Title Company via wire ttansfer may be disbursed upon receipt. Funds received by this company
via cashier's check or tellers check may be disbursed on the next business day after the day of deposit. If escrow funds
(including shortage checks) are disbursed to this company other than by wire transfer, cashier's check or teller's
check, disbursement and/or closing will be delayed 3 to 7 business days. Questions concemmg deposit and/or
disbursement of escrow and sub-escrow funds and recordmg should be du-ected to your title officer, escrow officer or loan
payoff officer.
Outgomg wire ttansfers will not be authorized until we have confumation of our recording and one (1) of the following:
A we have received confumation of the respective incoming wu-e.
B. Collection of a deposited check.
PAYOFF INFORMATION
NOTE: This company DOES requu-e current beneficiary demands prior to closing. If the demand is expired and a current
demand cannot be obtamed, our requirements will be as follows:
If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
This hold will be over and above the verbal hold the lender may have stipulated.
If this Company cannot obtain a verbal update on the demand, we will either pay off of the expu-ed demand, or wait for the
amended demand, at the discretion of the escrow.
NOTE: to avoid delays at the time of closing, if the above deed of trust is an Equity Line/Line of Credit, it will be
necessary that all checks, passbooks, credit cards together with instructions to close the account be submitted to the
Company prior to the close of this transaction.
In order to expedite compliance with the above, please do the following:
Borrower(s):
a) Sign and return the Equity Line/Credit Line Affidavit provided with the report,
b) Request that the account be frozen.
Settlement:
a)
b)
Obtain a statement from the lender that no advances have been made after the issuance of the
demand for payoff, and
Upon delivery of the payoff check, a full reconveyance must be obtained.
Please be advised that the difference between the principal balance on an issued demand and the maximum principal allowed
may be held for up to 10 working days if the above requu-ements are not met.
END OF NOTES
Zona Weekley (SD/Comm)/mlm
CLTA Preliminary Report Form - Modified (11/17/06) Page 11
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal infonnation ("Personal
Information") and protecting your Personal Infonnation is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information 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:
• Information 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;
• Information we receive from you through our Intemet websites, such as your name, address, email address, Intemet 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 conceming your policy,
premiums, payment history, information about your home or other real property, information from lenders and other third parties involved
in such transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from 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 connection with an insurance
transaction;
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 authority, or a law enforcement or other govemmental authority, in a civil action, in connection with a subpoena
or a govemmental investigation;
To companies that perform marketing services on our behalf or to other financial institutions with which we have 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
determined, settled, paid or released prior to a titie or escrow closing.
We may also disclose your Personal Information 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 permitted 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 conformity with applicable law, unless such disclosure is
otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third
parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you.
We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.
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 conection or deletion of your Personal Information. However, FNF's current policv is to
maintain customers' Personal Information for no less than vour state's required record retention requirements for the purpose of handling future
coverage claims.
For your protection, all requests made under this section must be in writing and must include vour notarized signature to establish vour identitv.
Where permitted by law, we may charge a reasonable fee to cover the costs incuned in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
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 Policy Effective Date: 5/1/2008
Notice of Available Discounts
Pursuant to Section 2355.3 m Titie 10 of the Califomia Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF') must deliver a notice of each discount available under our current rate filmg along with 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 field rate. As such, your transaction may not qualify for the below
discoimts.
You are encom-aged to discuss the applicabilify of one or more of the below discounts with a Company representative. These
discoimts are generally described below; consult the rate manual for a fiall description of the terms, conditions and
requu-ements for each discount. These discounts only apply to ttansaction mvolvmg services rendered by the FNF Family of
Companies. This notice only applies to ttansactions involving property improved with a one-to-four family residential
dwelling.
FNF Underwritten Title Company FNF Underwriter
CTC - Chicago Title Company CTIC - Chicago Title Insurance Company
Available Discounts
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC)
Where no major change m the title has occurred since the issuance ofthe original report or commitment, the order may be
reopened within 12 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 date ofthe report.
FEE REEDUCTION SETTLEMENT PROGRAM (CTC and CTIC)
Eligible customers shall receive $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible
ttansaction m accordance with the terms ofthe Final Judgments entered in The People of the State of Califomia.
DISASTER LOANS (CTIC)
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 govemment of the United States or the State of
Califomia on any land located m said area, which was partially or totally desttoyed m the disaster, will be 50% of the
appropriate titie insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC)
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% of the appropriate title
msurance rate, depending on the fype of coverage selected. The charge for a lender's policy shall be 40% to 50% of the
appropriate title msurance rate, dependmg on the type of coverage selected.
EMPLOYEE RATE (CTC and CTIC)
No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten,
subsidiary title companies for policies or escrow services in connection with financing, refmancing, 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 ttansaction.
CA Discount Notice Effective Date: 1-10-2010
Notice
You may be entitled to receive a $20.00 discount on escrow
services if you purchased, sold or refinanced residential
property in Califomia between May 19,1995 and
November 1, 2002. If you had more than one qualifying
transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that
is the subject of your current transaction, you do not have
to do anything; the Company will provide the discount,
provided you are paying for escrow or title services in this
transaction.
If your previous transaction involved property different
fi'om the property that is the subject of your current
transaction, you must inform the Company of the earlier
transaction, provide the address of the property involved in
the previous transaction, and the date or approximate date
that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on
property that is not the subject of this transaction, the
Company has no obligation to conduct an investigation to
determine if you qualify for a discount. If you provided the
Company information conceming a prior transaction, the
Company is required to determine if you qualify for a
discount.
Effective through November 1,2014
PRELIMINARY REPORT
YOUR REFERENCE: DK Realty Hoiaings f
lolding
Chicago Title Company
ORDERNO.: 12210893-993-U21
Request for $20.00 Discount - CA Settlement
Use one form for each qualifying property.
To: Chicago Title Company, 2365 Northside Drive500
Date:
From:
(name)
Current Address:
I believe that I am qualified for the $20.00 discount pursuant to the coordinated stipulated judgments
entered m actions filed by both the Attomey General and private class action plaintiffs. I have not
previously received a cash payment or a discount from another Company on the property described
below:
Signed: Date:
Address of
qualifying
property:
Approximate date
of ttansaction
THIS SECTION IS FOR COMPANY USE ONLY.
• The above referenced party is entitled to receive a $20.00 discount on escrow services or title insurance
pursuant to the coordinated stipulated judgments entered m actions filed by both the Attomey General and
private class action plamtiffs.
OR
• The above referenced party does NOT qualify for the $20.00 discount pursuant to the coordmated
stipulated judgments entered in actions filed by both the Attomey General and private class action
plamtiffs for the following reason:
•
•
The party has previously received credit for the ttansaction described above.
The ttansaction described above did not occur m the time period allowed by the stipulated
judgments—May 19, 1995 to November 1, 2002.
Fax this response to:
Escrow No.: 12210893-993-U21
Escrow Officer:
Fax Number:
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (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. Govemmental police power, and the existence or violation
of any law or govemment regulation. This includes
building and zoning ordinances and also laws and
regulations conceming:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the
enforcement of these matters which appear in the public
records at Policy Date.
This exclusion does not limit the zoning coverage described
in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public
records on the Policy Date
In addition to the Exclusions, you are not insured against loss,
costs, 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 Item 8 of Covered
Title Risks.
• the taking happened prior to the Policy Date and is
binding on you if you bought the land without
knowing of the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that arc known to you, but not to us, on the Policy
Date—unless they appeared in the public records
• that result in no loss to you
• that first affect your titie after the Policy Date—^this
does not limit the labor and material lien coverage in
Item 8 of Covered Titie Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and
referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of
Covered Title Risks
3.
4.
Any facts about the land which a conect 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 titie to water in or under the
land, whether or not shown by the public records.
Attachment One (07/26/10)
ATTACHMENT ONE
(Continued)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, 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 of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or govemmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date ofPolicy.
(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 resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date ofPolicy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occuned 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:
4.
5.
6.
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the msured
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) resuhing in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy
(except to the extent that this policy insures the
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for stteet improvements under constmction or
completed at Date ofPolicy); or
(e) resulting in loss or damage which 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 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 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 tmth in
lending law.
Any claim, which arises out of the transaction vesting in
the insured the estate or interest insured by this policy or
the transaction creating the interest of the insured lender, by
reason of the operation of federal bankmptcy, state
insolvency or similar creditors' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of
PARTI
2.
3.
Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons
in possession thereof
Easements, 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) 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 material not
shown by the Public Records.
Attachment One (07/26/10)
W ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
(b)
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for stteet improvements under constmction or
completed at Date ofPolicy); or
(e) resulting in loss or damage which would not bave
been sustained if the insm-ed claimant had paid value
for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage
because of the inability or failure of the insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof which arises out of the
transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or tmth in
lending law.
6. 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 not financed in whole or in part by proceeds
of the indebtedness secured by the insured mortgage which
at Date of Policy the insured has advanced or is obligated
to advance.
7. Any claim, which arises out of the transaction creating the
interest of the mortgagee insured by this policy, by reason
of the operation of federal bankmptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured
mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the subordination of the interest of the insured
mortgagee as a result ofthe application ofthe docttine
or equitable subordination; or
(iii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instmment of ttansfer; or
(b) of such recordation to impart 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 will also include the following Exceptions from Coverage:
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise Ijy reason of
1. (a) Any law, ordinance or govemmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restticting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or govemmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date ofPolicy.
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 resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date ofPolicy.
Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
resulting in no loss or damage to the insured claimant;
attaching or created subsequent to Date of Policy
(except to the extent that this policy insures the
2.
3.
(b)
(c)
(d)
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason
of
2.
Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons
in possession thereof
Easements, 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
Attachment One (07/26/10)
diercof; (c) water rights, claims or titie to water, whether or
not the 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.
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
(c)
(d)
(e)
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 that arise by reason of:
1. (a) Any law, ordinance, permit, or govemmental
regulation (including those relating to building and zoning)
restticting, regulating, prohibiting, or relating to
(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 limit the coverage provided under
Covered Risk 5.
(b) Any govemmental police power. This Exclusion 1(b)
does not modify or limh 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 to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
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 will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) that arise by reason
of
resulting in no loss or damage to the Insured Claimant;
attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 11,13 or 14); or
resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of an Insured to comply
with applicable doing-business laws of the state where the
Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien
of the Insured Mortgage that arises out of the ttansaction
evidenced by the Insured Mortgage and is based upon
usury or any consumer credit protection or tmth-in-lending
law.
6. Any claim, by reason of the operation of federal
bankmptcy, state insolvency, or similar creditors' rights
laws, that the ttansaction creating the lien of the Insured
Mortgage, is
(a) a fraudulent conveyance or fraudulent ttansfer, or
(b) a preferential transfer for any reason not stated in
Covered Risk 13(b) of this pohcy.
7. 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 Insured Mortgage in the Public Records. This
Exclusion does not modify or limit the coverage provided
under Covered Risk 11(b).
2.
3.
(a) Taxes or assessments that are not shown as existing 4.
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 5.
not 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 but that could be ascertained by an
inspection of the Land or that may be asserted by persons 6.
in possession of the Land.
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 not shown by the 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 water, whether or
not the 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.
Attachment One (07/26/10)
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
(b)
(c)
(d)
(e)
The following matters are expressly excluded from the coverage 3.
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or govemmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restticting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment ofthe land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or govemmental regulations,
except to the extent that a notice of the enforcement 4.
thereof or a notice of a defect, lien or encumbrance
resuhing from a violation or alleged violation
affecting the land has been recorded in the public
records at Date ofPolicy.
(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 resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date ofPolicy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
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 will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
resulting in no loss or damage to the insured claimant;
attaching or created subsequent to Date ofPolicy; or
resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the estate or interest insured by this policy.
Any claim, which arises out of the transaction vesting in
the insured the estate or interest insured by this policy, by
reason of the operation of federal bankmptcy, state
insolvency, or similar creditors' rights laws, that is based
on:
the ttansaction creating the estate or interest insured
by this policy being deemed a fraudulent conveyance
or fraudulent transfer; or
the ttansaction creating the estate or interest insured
by this policy being deemed a preferential ttansfer
except where the preferential ttansfer 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 judgment or lien creditor.
(i)
(ii)
1.
This policy does not insure against loss or damage (and the Company
of
Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection ofthe land or which may be asserted by persons
in possession thereof
Easements, liens or encumbrances, or claims thereof which
are not shown by the public records.
2.
3.
will not pay costs, attomeys' fees or expenses) which arise by reason
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether
or not the matters excepted under (a), (b) or (c) are shown
by the public records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
Attachment One (07/26/10)
ATTACHMENT ONE
(CONTINUED)
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 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
to
(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 limit 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 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 to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed m writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit 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.
4. Any claim, by reason of the operation of federal
bankmptcy, state insolvency, or similar creditors' rights
laws, that the ttansaction vesting the Titie as shown in
Schedule A is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in
Covered Risk 9 of this policy.
5. Any lien on the 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 ttansfer in the Public
Records that vests Tkle as shown in Schedule A.
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 will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company
of
1. (a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
2. Any facts, rights, interests, or claims that are not shown in
the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons
in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof not
shown by the Public Records.
will not pay costs, attomeys' fees or expenses) that arise by reason
4. Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
Attachment One (07/26/10)
W ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting from:
1. Govemmental police power, and the existence or violation
of any law or govemment regulation. This includes
ordinances, laws and regulations conceming:
a. building
b. zoning
c. Land use
d. improvements on Land
e. land division
f environmental protection
This Exclusion does not apply to violations or the enforcement
of these matters if notice ofthe violation or enforcement appears
in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered
Risk 14,15, 16,17 or 24.
2. The failure of Your existing stmctures, or any part of them,
to be constmcted in accordance with applicable building
codes. This Exclusion does not apply to violations of
building codes if notice of the violation appears in the
Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. notice of exercising the right appears in the Public
Records at the Policy Date; or
b. the taking happened before the Policy Date and is
binding on You if You bought the Land without
Knowing of the taking.
Risks:
a. that are created, allowed, or agreed to by You, whether
or not they appear in the Public Records,
that are Known to You at the Policy Date, but not to
Us, unless they appear in the Public Records at the
Policy Date;
that resuh in no loss to You; or
that first occur after the Policy Date—this does not
limit the coverage described in Covered Risk 7, 8.d.,
22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and
referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered
Risk 11 or 18.
b.
c.
d.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited 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:
Our Maximum Dollar
Your Deductible Amount Limit of Liability
Covered Risk 14: 1% of Policy Amount $10,000.00
or
$2,500.00
(whichever is less)
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
1% ofPolicy Amount
or
$5,000.00
(whichever is less)
1% ofPolicy Amount
or
$5,000.00
(whichever is less)
1% ofPolicy Amount
or
$2,500.00
(whichever is less)
$25,000.00
$25,000.00
$5,000.00
Attachment One (07/26/10)
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, attomeys' fees, and expenses resultmg from:
1. Govemmental 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 limit the coverage described in Covered
Risk 8.a., 14,15, 16, 18, 19,20, 23 or 27.
2. The failure of Your existing stmctures, or any part of them,
to be constmcted in accordance with applicable building
codes. This Exclusion does not limit the coverage described
in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This
Exclusion does not limit the coverage described in Covered
Risk 17.
4. Risks:
b.
that are created, allowed, or agreed to by You, whether
or not they are recorded in the Public Records;
that are Known to You at the Policy Date, but not to
Us, unless they are recorded in the Public Records at
the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date—^this does not
limit the coverage described in Covered Risk 7, 8.e.,
25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and
referred to in paragraph 3 of Schedule A; and
b. in stteets, 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 limhed on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limh of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Our Maximum Dollar
Limit of Liability Your Deductible Amount
Covered Risk 16: 1% ofPolicy Amount Shown in Schedule A $10,000.00
or
$2,500.00
(whichever is less)
Covered Risk 18: 1% ofPolicy Amount Shown in Schedule A $25,000.00
or
$5,000.00
(whichever is less)
Covered Risk 19: 1% of Policy Amount Shown in Schedule A $25,000.00
or
$5,000.00
(whichever is less)
Covered Risk 21: 1 % of Policy Amount Shown in Schedule A $5,000.00
or
$2,500.00
(whichever is less)
Attachment One (07/26/10)
W ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
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
1. (a) Any law, ordinance or govemmental regulation
(including but not limited to zoning laws, ordinances,
or regulations) restricting, regulating, prohibking or
relating to (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 notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the Land has
been recorded in the Public Records at Date ofPolicy.
This exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14 and 16 of this 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 resulting from a violation or alleged
violation affecting the Land has been recorded in the
Public Records a Date of Policy. This exclusion does
not limh the coverage provided under Covered Risks
12,13,14, and 16 of this policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the Public Records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
Knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant;
(d)
4.
6.
7.
(e)
attaching or created subsequent to Date ofPolicy (this
paragraph does not limit the coverage provided under
Covered Risks 8, 16, 18, 19, 20, 21,22, 23,24, 25 and
26); or
resulting in loss or damage which 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 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 lien of the Insured
Mortgage, or claim thereof which arises out of the
transaction evidenced by the Insured Mortgage and is based
upon usury, except as provided m Covered Risk 27, or any
consumer credit protection or tmth-in-lending law.
Real property taxes or assessments of any govemmental
authority which become a lien on the Land subsequent to
date of Policy. This exclusion does not limit the coverage
provided under Covered Risks 7, 8(e) and 26.
Any claim of invalidity, unenforceability or lack of priority
of the lien of the Insured Mortgage as to advances or
modifications made after the Insured has Knowledge that
the vestee shown in Schedule A is no longer the owner of
the estate or interest covered by this policy. This exclusion
does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to
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 to 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 rate of interest is greater as a result of
the modification than it would have been before the
modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential stmcture, or any portion
thereof to have been constmcted before, on or after Date of
Policy in accordance with applicable building codes. This
exclusion does not apply to violations of building codes if
notice of the violation appears in the PubHc Records at
Date ofPolicy.
Attachment One (07/26/10)
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTLVL LOAN POLICY (07/26/10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this fjolicy and the Company will not pay loss or damage, costs,
attomeys' fees or expenses which arise by reason of
1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting or relating to
(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 limit
the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limh the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resuhing in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limh the coverage provided under Covered
Risk 11,16, 17,18, 19,20, 21, 22, 23, 24, 27 or 28); or
(e) resuhing in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part ofthe lien of the Insured Mortgage that arises out ofthe transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or tmth-in-lending law. This Exclusion does not modify
or limh the coverage provided in Covered Risk 26.
6. Any claim of invahdity, 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 modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching subsequent to
Date ofPolicy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential stmcture, or any portion of it, to have been constmcted before, on or after Date of Policy in accordance
with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankmptcy, state insolvency, or similar creditors' rights laws, that the ttansaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Attachment One (07/26/10)
12210893-993-U21 Prelim (2)
207-06
SHT 1 06 I
1'flOO'
1426106 JAM /
[HEEElClljJEEDui
7 ^-42 00 55
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IB
Hi
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Bl
nn Bl
HI
^1
Bl
•1
Wr NOT COIfLY MIH LDCN. amUSnN GR BIUINS
MAP 13784 - CARLSBAD TCT NO 97-24
MAP 2647-CARLSBAD HIGHLANDS
ROS 939,4484,18767
207-06 SHT 2 OF 2 f
r=2oo'
i CHANGES 1
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24S4 tti 13 *!*
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OSS II sc 1366
063 33-35 36-41 66 1226
063 H 43M4 66 1229
063 4&MI 98 1340
063 47 66 isao
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064 1 I1M2 09 1206
CC
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DEGQ COUNTY SSOrS HAP 207 PAGE 06 SHT 2 OF 2
u«iraiwi)EACCURiiiproF'nEMTk3Ht)wi u9raoirapMceL3
IftY WT COmY WIH LOON. anOMSHN OR eUUM9 OmNKESL
MAP 5524-HOLLY BRAE ESTATES
HAP mi - CARLSBAD HIGHLANDS
ROS 939,3558,4484.15842,16863
state of California—Natural Resources Agency
CALlFORNIA'DEPARTMENTOF FISH AI^K/ILDLIFE
2014 ENVIRONMENTAL FILING FEE CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
RECEIPT*
SD2014 0325
STATE CLEARING HOUSE #(lfapplicable)
LEAD AGENCY
CITY OF CARLSBAD PLANNING DIVISION
DATE
03/23/2014
COUNTY/STATEAGENCYOF FILING
SAN DIEGO
DOCUMENTNUMBER
*20140325*
PROJECTTTILE CDP 14-03 - SUNNYHILL GUEST HOUSE
PROJECT APPLICANT NAME
MICHAEL KOOTCHICK
PHONENUMBER
(619) 804-3417
PROJECTAPPLICANT ADDRESS
4005 SUNNYHILL DRIVE
CfTY
CARLSBAD
STATE
CA
ZIPCODE
92008
PROJECT APPLICANT (Check appropriate box):
Q Local Public Agency • School District Q Other Special District • State Agency g| Private Entity
CHECK APPLICABLE FEES:
Q Environmental Impact Report (EIR)
• Negative Declaration (ND){MND)
Q Application Fee Water Diversion (State Water Resources Control Board Only)
Q Projects Subject to Certified Regulatory Programs (CRP)
El County Administrative Fee
Q Project that is exempt from fees
Q Notice of Exemption
• CDFW No Effect Determination (Form Attached)
• Other
PAYMENT METHOD:
• Cash • Credit £1 Check • Other CHK: 2298
$3,029.75 $
$2,181.25 $
$850.00 $
$1,030.25 $
$50.00 $ $50.00
TOTALRECEIVED $ $50.00
SIGNATURE
X G. Meza TTTIE
Deputy
r
City of Carlsbad
MAY 2 8 2014
Planning Division
II
ORIGINAL - PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG75a5a(Re\< 11/12)
NOTICE OF EXEMFTION
To: SD County Clerk From: CITY OF CARLSBAD
Attn: James Scott Planning Division
1600 Pacific Highway, Suite 260 1635 Faraday Avenue
PO Box 121750 Carlsbad, CA 92008
San Diego, CA 92101 (760) 602-4600
Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources
Code (California Environmental Quality Act).
Project Number and Title: CDP 14-03 - Sunnyhill Guest House
Project Location - Specific: 4005 Sunnyhill Drive. Carlsbad CA 92008 (APN 207-061-43-00)
Project Location - City: Carlsbad Project Location - County: San Diego
Description of Project: Development of a 640 square foot second dwelling unit over a three car
garage located at 4005 Sunnyhill Drive (APN: 207-061-43-00).
Name of Public Agency Approving Project: Citv of Carlsbad
Name of Person or Agency Carrying Out Project: DK Realty Holdings. Inc.
Name of Applicant: Michael Kootchick
Applicant's Address: 4005 Sunnyhill Drive. Carlsbad CA 92008
Applicant's Telephone Number: (619) 804-3417
Exempt Status: (Check One)
• Ministerial (Section 21080(b)(1); 15268);
• Declared Emergency (Section 21080(b)(3); 15269(a));
• Emergency Project (Section 21080(b)(4); 15269 (b)(c));
• Categorical Exemption - State type and section number:
^ Statutory Exemptions - State code number: 15303(A)
• General rule (Section 15061(b)(3))
Reasons why project is exempt: New Construction of Small Structures, for the construction of a second
dwelling unit in a residential zone.
Lead Agency Contact Person: Van Lynch Telephone: (760) 602-4613
DON NEU, City Planner Date
P Q 0= 1 E)
Date received for filing at OPR: Kmesl.l Dronenburg. Jr. Recorder Countv LlerK
APR Z3 2014
G.Meza
BY DEPUTY
Revised 05/13
4 HiiH
RECEIPT
website at www.usps.com®
(Endol-.9mc' i ilfQiii ed)
Restricted eiivory ^ee (Endor^^eme 1 '^oQiiied)
Total Pos'aga S Faas $
Sen( 76~
Street, Apt. No.:
or PO Box No.
City, State, Z/P+4
CALIFORNIA COASTAL COMMISSION
SUITE 103
7575 METROPOLITAN DRIVE
SAN DIEGO CA 92108-4402
PS Form 3800. Auaust 2006 See Reverse for Instructions
UNITED STATE^jMfc;Al,-.,SERViCE
23 ;^fa
First-Class Mail Postage & Fees Paid USPS
Permit No. G-10
City
\PR 2 4 2014
• Sender: Please print your name, address, and ZIP+4 in this box
of Carlsbad
CITY OF CARLSBAD
PLANNING DIVISION
Planning Division 1635 FARADAY AVENUE
CARLSBAD, CA 92008-7314
„|i,.i.ii,.l„l,..lil|l,..||l,i,|ill|l„.l.llll,.l,,l„.,iiii|ii
SENDER: COMPLETE T-"S SECTION
Complete items 1, 2, a^H. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can raturn the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
COMPLETE THIS SECTION DELIVERY
1. Article Addressed to:
CALIFORNIA COASTAL COMMISSION
SUITE 103
7575 METROPOLITAN DRIVE
SAN DIEGO CA 92108-4402
• Agent
• Addressee
D. Is delivery address different ftom item 17
If YES, enter delivery address below:
3. SewlceType
Ol^ertlfled Mail
• Registered
• Insured Mail
• Express Mall
• Return Receipt tor Merchandise
• C.O.D.
4. Restricted Delivery? (Extra Fee; • Yes
2. Article Number
(Transfer from sendee label) 7D11 E'=\7n DDD3 fl7bl ^7H1
P.q Form .'^R11 • Ffihriian/ PnfU Domestic Return Receiot 10259S-02-M-1S40
Community & Economic Development www.carisbadca.gov
NOTICE OF FINAL ACTION
COASTAL DEVELOPMENT PERMIT
The following project Is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been
acted upon.
SENT TO COASTAL COMMISSION ON April 21. 2014
Applications: CDP 14-03 Filing Date: April 17. 2014
Case Name: Sunnyhill Guest House Decision Date: April 17. 2014
Applicant: DK Realty Holdings. Inc. Agent (if different): Michael Kootchick
Address: 4005 Sunnyhill Driye Address:
Carlsbad CA 92008
Phone:
Phone: (619) 804-3417
Project Description: A 640 square foot second dwelling unit over a three car garage.
Project Location: The proiect is located at 4005 Sunnyhill Drive (APN: 207-061-43-00).
ACTION:
• APPROVED
1^ APPROVED WITH CONDITIONS
• DENIED
fCopy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the
applicant).
COASTAL COMMISSION APPEAL STATUS:
1^ NOT APPEALABLE TO THE COASTAL COMMISSION.
I I APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may
appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt
of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal
period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following
address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402,
Telephone (619) 767-2370.
Attachment: - Location Map to CCC for non-appealable CDPs
- Staff Report to CCC for appealable CDPs
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been
made applicable In the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be
filed In the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however. If within ten
(10) days after the decision becomes final a request for the record ofthe proceedings accompanied by the required deposit In an amount
sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to
not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation ofthe record ofthe proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, California 92008.
Planning Division
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
CERTIFICATION
I RONALD COGSWELL/ TITLE PRO INFORMATION
SYSTEMS HEREBY CERTIFY THAT THE ATTACHED
LIST CONTAINES THE NAMES, ADDRESSES AND -
PARCEL NUMBERS OF ALL PERSONS TO WHOM
ALL PROPERTY IS ASSESSED AS THEY APPEAR ON
THE LATEST AVAILABLE ASSESSMENT ROLL OF
THE COUNTY WITHIN THE AREA DESCRIBED AND
REQUESTED BY YOU THE CLIENT, THE REQUIRED
RADIUS MEASURED FROM THE EXTERIOR
BOUNDARIES OF THE PROPERTY REQUESTED
AND DESCRIBED AS APN: 207-061-43
100 FT.
DATE 01/31/2014
RONALD COGSWEUr/^ITLE PRO SYSTEMS
Use Code jwae YrBIt Units SaFt SaleAmt^ Phone SaleDt
1 Parcel: 207-O6I-01-00 Privacy:
Owner: PACHECO,CHRISTINA M
Site: 3 95 5
Mail: 3955
MONROE ST*&mhSBAD CA
MONROE ST*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 1986 1 3, 658 $685,OOOF 11/15/2000
2 Parcel: 207-O6I-14-00 Privacy:
Owner: STROUP FAMILY TRUST
Site: 4 03 9
Mail: 4039
SUNNYHILL DR*CARLSBAD CA
SUNNYHILL DR*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 1954 1 1, 984 $630,OOOF 03/07/2012
3 Parcel: 207-O6I-15-00 Privacy:
Owner: STROH,D J & J M FAMILY TRUST 03-
Site: 3983
Mail: 2469
ALDER AVE*CARLSBAD CA
OCEAN ST*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 1982 1 2, 570 $210,000 10/05/1984
4 Parcel: 207-O6I-17-00 Privacy:
Owner: RAMIREZ 2005 FAMILY TRUST 2
Site: 3 96 5
Mail: 3965
MONROE ST*CARLSBAD CA
MONROE ST*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 197 0 2 2,774 $900,OOOF 11/30/2006
5 Parcel: 207-O6I-24-00 Privacy:
Owner: COLLINS,HERBERT C REVOC TRUST
*p*
12
Site: 4 0 01 SUNNYHILL DR*CARLSBAD CA
Mail: 5 FIRST AMERICAN WAY 4*SANTA ANA CA
92008
92707
SINGLE FAMILY RESIDENCE Rl 1982 1 4 ,383 $600,OOOF 08/11/1993
6 Parcel: 207-O6I-31-00 Privacy:
Owner: MARTINET FAMILY TRUST
Site: 3931
Mail: 3931
MAY CT*CARLSBAD CA
MAY CT*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 2001 1 3, 004 $549,OOOF 12/21/2000
7 Parcel: 207-O6I-32-00 Privacy:
Owner: HOLMES FAMILY TRUST 07-31-00
Site: 3941
Mail: 3941
MAY CT*CARLSBAD CA
MAY CT*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 2001 1 3, 004 $536,OOOF 04/17/2001
8 Parcel: 207-O6I-33-00 Privacy:
Owner: RUSHWORTH , DONALD A & ANNA M
Site: 3 94 2
Mail: 3942
MAY CT*CARLSBAD CA
MAY CT*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 2 0 01 1 3, 004 $526,OOOF 04/13/2001
9 Parcel: 207-O61-34-00 Privacy:
Owner: TALGO, BRIAN D & CYNTHIA A
Site: 3932
Mail: 3923
MAY CT*CARLSBAD CA
MAY CT*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE 1 2001 1 3, 004 $895,OOOF 06/24/2013
10 Parcel: 207-O6I-42-00 Privacy:
Owner: LUCIANI , JAMES J & JAIME
Site: 3939
Mail: 3939
MONROE ST*CARLSBAD CA
MONROE ST*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 2001 1 3,482 $837,500F 06/19/2012
11 Parcel: 207-O6I-43-00 Privacy:
Owner: D K REALTY HOLDINGS INC
Site: 4005 SUNNYHILL DR*CARLSBAD CA
Mail: PO BOX 2671*CARLSBAD CA
92008
92018
SINGLE FAMILY RESIDENCE Rl 1973 1 3 , 976 08/17/2010
12 Parcel: 207-061-44-00 Privacy:
Owner: D K REALTY HOLDINGS INC
Site: PACKARD LN* CARLSBAD CA
Mail: PO BOX 2671*CARLSBAD CA
92008
92018
RESIDENTIAL MISCELLANEOUS S 03/16/2000
13 Parcel: 207-06I-51-00 Privacy:
Owner: RUBINS FAMILY TRUST 01-13-93
*M* Site: 3983
Mail: 3983
PACKARD LN*CARLSBAD CA
PACKARD LN*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 1984 1 5,085 $621,OOOF 12/19/2001
14 Parcel: 207-O6I-52-00 Privacy:
Owner: PACKARD , RONALD C & ROMA J
*M* Site: 3965
Mail: 3965
PACKARD LN*CARLSBAD CA
PACKARD LN*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 2000 1 3 , 658 08/28/2006
15 Parcel: 207-O6I-53-00 Privacy:
Owner: MCiLROY,ERIC & ERIN
Site: 4029
Mail: 4029
SUNNYHILL DR*CARLSBAD CA
SUNNYHILL DR*CARLSBAD CA
92008
92008
SINGLE FAMILY RESIDENCE Rl 1 2, 306 $683,OOOF 06/22/2012
Copyright DataQuick Information Systems 1998-2000, The above infomnation Is sourced from public infomiation and Is not guaranteed. Famis - 3 Une
Use Code Jwie YrBIt Units SqFt SaleAmt^ Phone SaleDt
16 Parcel: 207-061-54-00 Privacy: Site: SUNNYHILL DR*CART!EBAD CA 92008
Owner: SEARS,THOMAS R & WENDY R Mail: i387 CYNTHIA LN*CARLSBAD CA 92008
VACANT RESIDENTIAL Rl $505,OOOF 12/29/2006
Copyright DataQuick Information Systems 1998-2000. The above infonnation Is sourced from public Information and Is not guaranteed. Famis - 3 Une
NOTICE OF EXEMWION
To: SD County Clerk From: CITY OF CARLSBAD
Attn: James Scott Planning Division
1600 Pacific Highway, Suite 260 1635 Faraday Avenue
PO Box 121750 Carlsbad, CA 92008
San Diego, CA 92101 (760) 602-4600
Subject: Filing of this Notice of Exemption is in compliance with Section 21152b ofthe Public Resources
Code (California Environmental Quality Act).
Project Number and Title: CDP 14-03 - Sunnyhill Guest House
Project Location - Specific: 4005 Sunnyhill Drive. Carlsbad CA 92008 (APN 207-061-43-00)
Project Location - City: Carlsbad Project Location - County: San Diego
Description of Project: Development of a 640 square foot second dwelling unit over a three car
garage located at 4005 Sunnyhill Drive (APN: 207-061-43-00).
Name of Public Agency Approving Project: Citv of Carlsbad
Name of Person or Agency Carrying Out Project: DK Realty Holdings. Inc.
Name of Applicant: Michael Kootchick
Applicant's Address: 4005 Sunnyhill Drive. Carlsbad CA 92008
Applicant's Telephone Number: (619) 804-3417
Exempt Status: (Check One)
• Ministerial (Section 21080(b)(1); 15268);
• Declared Emergency (Section 21080(b)(3); 15269(a));
• Emergency Project (Section 21080(b)(4); 15269 (b)(c));
• Categorical Exemption - State type and section number:
^ Statutory Exemptions - State code number: 15303(A)
• General rule (Section 15061(b)(3))
Reasons why project is exempt: New Construction of Small Structures, forthe construction of a second
dwelling unit in a residential zone.
Lead Agency Contact Person: Van Lynch Telephone: (760) 602-4613
DON NEU, City Planner Date
[F D ^
Date received for filing at OPR: KmesKl Dronenburg. Jr . Recorder County Clerk
APR nm G.Meza
BY DEPUTY
Revised 05/13
state of California—Natural Resources Agency
CALIFORNIA DEPARTMENT OF FISH Al
2014 ENVIRONMENTAL FILING
'ILDLIFE
CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
RECEIPT#
SD2014 0325
STATE CLEARING HOUSE #(lfapplicable)
LEAD AGENCY
CITY OF CARLSBAD PLANNING DIVISION
DATE
03/23/2014
COUNTY/STATE AGENCY OF FILING
SAN DIEGO
DOCUMEMTNUMBER
*20140325*
PROJECTTITLE GDP 14-03 - SUNNYHILL GUEST HOUSE
PROJECTAPPLICANT NAME
MICHAEL KOOTCHICK
PHONENUMBER
(619)804-3417
PROJECTAPPLICANT ADDRESS
4005 SUNNYHILL DRIVE
CFTY
CARLSBAD
STATE
GA
ZIPCODE
92008
PROJECT APPLICANT (Check appropriate box):
• Local Public Agency • School District Q Other Special District • State Agency ^ Private Entity
CHECK APPLICABLE FEES:
• Environmental Impact Report (EIR)
• Negative Declaration (ND)(MND)
• Application Fee Water Diversion fSfafe Water Resources Control Board Only)
• Projects Subject to Certified Regulatory Programs (CRP)
21 County Administrative Fee
• Project that is exempt from fees
(2 Notice of Exemption
• CDFW No Effect Determination (Form Attached)
• Other
PAYMENT METHOD:
• Cash • Credit E| Check • Other CHK: 2298
$3,029.75 $
$2,181.25 $
$850.00 $
$1,030.25 $
$50.00 $ $50.00
TOTALRECEIVED $ $50.00
SIGNATURE TTTLE
X G. Meza Deputy
APR 2 8 2014
Planning Division liillillllllllllllllllilllllllllilllllllll
ORIGINAL - PROJECT APPLICANT COPY-CDFW/ASB COPY - LEAD AGENCY COPY-COUNTY CLERK FG753.5a (Rev 11/12)
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: 2^-"^ N (To be completed by City)
Application Number(s): ^U-O^
General Infonnation
1. Name of project: It^/\/Y Hi U S ST hr<^ 1^ $ 3"
2. Name of developer or project sponsor: I d-f-fA:^!-^ /'^OTeZf-i
Address: -4-^/9^ -^C^IV t\A,'H: L Ll pF-.
City, State, Zip Code: C^^^^'^f^A^ ^7^0?b
Phone Number: f^ol'^) ^^^-^^77
3. Name of person to be contacted concerning this project: A/[ fC^htA^. ^ L ^^-OOT<:^Li:^/<'
Address: ^ ^ UfsriU^^H-JLL DR
City, State, Zip Code: d^7^^^/^ ^l^^^O^
Phone Number:
4. Address of Protect: ^/l^? ^' '^UU n/Y^) L K>K
Assessor's Parcel Number:
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:
6. Existing General Plan Land Use Designation:
7. Existing zoning district: /- / ^ dOC>
8. Existing land use(s):
9. Proposed use of site (Project for which this form is filed): /^Tlrt
Project Description
10. Site size: ^^l
11. Proposed Building square footage:
12: Number of floors of construction:
13. Amount of off-street parking provided:
14. Associated projects: l^ ^
P-1(D) Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes:
[/) ^^^/VQ TPIAJF5LL/ki^^ /J(AJ/ir ^4^
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
MA
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
p-1 (D) Page 3 of 4 Revised 07/10
Are tho following items applicable to the project or its effects? Discuss ail items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • • 0-*
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or • 0'
roads.
22. Change in pattem, scale or character of general area of project. • G]^
23. Significant amounts of solid waste or litter. • 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. •
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • G3'
alteration of existing drainage, pattems.
26. Substantial change in existing noise or vibration levels in the vicinity. • 0^
27. Site on filled land or on slope of 10 percent or more. • Q"
28. Use of disposal of potentially hazardous materials, such as toxic substances, • [3^
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, •
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). •
31. Relationship to a larger project or series of projects. • ^
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including infomiation on topography, soil
stability, plants and animals, and any cultural, historicaLAc^^cenic aspects. Describe any existing
structures on the site, and the use of the structures. (^ttachj?notographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including infonnation on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, 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.). /^ttacOhotographs of the vicinity.
Snapshots or polaroid photos will be accepted. ^ ^— ^
Certification
I hereby certify that the statements fumished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief
Date: Signature;
For: (Pt/l/'fV^l^
P-1(D) Page 4 of 4 Revised 07/10
^ CARLSBAD
CITY OF
Memorandum
April 16, 2014
To: Van Lynch, Project Planner
From: Steve Bobbett, Project Engineer
Subject: CDP 14-03 SUNNYHILL GUEST HOUSE
The engineering department has completed its review of the project. The engineering
department is recommending that the project be approved, subject to the following condition:
Engineering Condition
NOTE: The following condition, upon the approval of this proposed development, must be
complied with during construction and use ofthe approved development.
32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention
and educational practices, maintenance procedures, and other management practices
or devices to prevent or reduce the discharge of pollutants to stormwater, receiving
water or stormwater conveyance system to the maximum extent practicable. Developer
shall notify prospective owners and tenants ofthe above requirements.
Community & Economic Development - Land Development Engineering
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov
Page 1 of 15
jf:/«"
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: FEBRUARY 21. 2014
PROJECT NO(S): CDP 14-03 REVIEW NO: 1
PROJECTTITLE: SUNNYHILL GUEST HOUSE
APPLICANT: GTA/GARY TAYLOR FOR MICHAEL KOOTCHICK
TO:
Land Development Engineering • Public Works (Storm Drain) - Clayton Dobbs
• Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko
Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders
Building Division - Will Foss • Water/Sewer District
• Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA
• Parks & Recreation (Trees & Medians) - Morgan • School District
Rockdale
• Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept.
• Public Works Department (Traffic) - John Kim • Sempra Energy-Land Management
• Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5)
• SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
•ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the
Planning Division at 1635 Faraday Avenue, bv 3/14/14. If you have "No Comments," please so state. If vou
determine that there are items that need to be submitted to deem the application "complete" for
processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to
let them know.
Thank you
COMMENTS:
Signature Date
PLANS ATTACHED
Review & Comment 02/14
Date: April 11,2014
Eric Mcllroy
4029 Sunnyhill Drive
Carlsbad 92008
Comments on Application: cdp 14-03- Sunnyhill Guest House
4005 sunnyhill
Hello,
I am writing to protest the proposed application. We live within
the 100 feet zone of the proposed development. We are against
the development for a number of reasons.
The proposed development will significantly decrease our
property value.
A large portion of ocean view will be blocked by this
development due to the extreme height of the project.
The unique shape of our property will put the garage / guest
house very close to our property and will overshadow our
property. The setbacks on our property is 10 feet. I would like
to make sure that the proposed development uses those setbacks.
I have walked the neighborhood and I do not see any garage
guest house at this extreme height. I believe it is too extreme
for our neighborhood.
We purchased in this neighborhood for the privacy and the
views. This development will take those two priceless attributes
away from our property resulting in a decrease in value as well
as a decrease in our daily quality of life.
Thanks for your time and consideration,
Eric Mcllroy
619-723-6508
4029 Sunnyhill Drive.
CITV OF • ^ OFILE
^CARLSBAD
Community & Economic Development www.carisbadca.gov
ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT
FOR A SECOND DWELLING UNIT
NOTICE OF PENDING DECISION
DATE: April 3, 2014
APPLICATION NUMBER AND NAME: CDP 14-03 - SUNNYHILL GUEST HOUSE
PROJECT DESCRIPTION: A new 23' 6" tall two story structure with a 640 square foot Second Dwelling
Unit over a 640 square foot three car garage located on the southeasterly portion of the property.
LOCATION: The project is located at 4005 Sunnyhill Drive, in the northwest quadrant of the city of
Carlsbad. Please see attached location exhibit.
APN: 207-061-43-00
The proposed development is located within the City of Carlsbad's Coastal Zone. No formal public
hearing is required for this application. However, anv written comments on this application must be
submitted to the Citv within 10 calendar davs of the date of this notice. Failure to submit comments
may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the
Administrative Coastal Development Permit application. The Citv Planner will make a decision on this
application 10 calendar davs after the date of this notice.
Written comments to this proposed development should be addressed to the City Planner, City of
Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008.
If you have any questions, comments or concerns regarding this application please contact Van Lynch,
Senior Planner, at the City of Carlsbad Planning Division, (760) 602-4613, Monday through Thursday -
7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday.
Planning Division
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
SITEMAP
W
NOT TO SCALE
Sunnyhill Guest House
CDP 14-03
City of Carlsbad
Sunnyhill Guest House
CDP 14-03 A Map created by the City of Carlsbad GIS. Portions of
the DERIVED PRODUCT contain geographic information
copyrighted by SanGIS. All Rights Reserved
PROJECT DATA
DESCRIPTION: N«w Iwo slory Second DwslHrtg Unit
PROPOSED Om Badroom / Ona BaVtraom (3) Garages on first Hoor.
OWNER: PKBEA-ITT H<»UPtNa4 IWC
4005 Sunnyhill Orivs
Carlsbad. CA 92008 (619) 804-3417
JOB ADDRESS: 400& 5unt)yhilt Wrn Cartsbad. CA 92006
A.P.N. ao7-061-43 LEGAL Parcelt&3 PM 12640
ZONE; R-M5,000 COVERAGE: Shown IZI •'A/4,065SF
SITEAREA: 0.77 Aofes/33,641 af F.A. R. Show. 0.16/5,997 sf
CONSTRUCTION: TypaVB OCCUPANCY: fM
AREA DATA: Extsling 6 bedroom - 5 balh RasidBnce 3,997 si Garage 720 sf
640 si
GARY TAYLOR
CX.I=.TIM=c URA-IM/t<St Ff.TTH»J-r» I I
- &K|rrh.i.;i
-T^UHIT OVER ciA|t^»rf,E'&
1 tl*
- :^tZl-,^^v
+ I
1^ is.ao ^
V = 2o'
Q2
REtEWED
CITY OF CARLSBAD
PLANNING DIVISION
SECOND DWELLING UNIT
4005SUNNYHn.t,nR ranlCBiri r«mnnci
SHEET TTTLE
PLAN
SHEET NUMBER
1
AMBAV-OD-OOS-l
CURRENT
PACI'
ILSBAD, CA 92008
I epuyBeimpeii q fi^daii
luauiaBieip
apsuas foDf ®09I.S®All3AV»!.iBqBBB|zas!|!»n
CURRENT RESIDE
SUNNYHIJ
C^ftCSBAD, CA 9200?
CURRENT RESIDENT
3955 MONROE ST
CARLSBAD, CA 92008-2737
CURRENT RESIDENT
3 983 ALDER AVE
CARLSBAD, CA 92008-3602
CURRENT RESIDENT
3965 MONROE ST
CARLSBAD, CA 92008-2737
CURRENT RESIDENT
3931 MAY CT
CARLSBAD, CA 92008-2646
CURRENT RESIDENT
3 941 MAY CT
CARLSBAD, CA 92008-2646
CURRENT RESIDENT
3 942 MAY CT
CARLSBAD, CA 92008-2646
CURRENT RESIDENT
3932 MAY CT
CARLSBAD, CA 92008-2646
CURRENT RESIDENT
3 93 9 MONROE ST
CARLSBAD, CA 92008-2737
CURRENT RESIDENT
3983 PACKARD LN
CARLSBAD, CA 92008-3651
CURRENT RESIDENT
3965 PACKARD LN
CARLSBAD, CA 92008-3651
CURRENT RESIDENT
4 03 9 SUNNYHILL DR
CARLSBAD, CA 92008-2751
CURRENT RESIDENT
4 001 SUNNYHILL DR
CARLSBAD, CA 92008-2751
CURRENT RESIDENT
4 005 SUNNYHILL DR
CARLSBAD, CA 92008-2751
CURRENT RESIDENT
4 02 9 SUNNYHILL DR
CARLSBAD, CA 92008-2751
California Coastal Commission
7575 Metropolitan Dr., Suite 103
San Diego, California 92108-4402
X notice has been mailad to
ali properly owners/oceupairts
listed herein.
Date: 'f/^ W
Signature._
I m096S ®Ad3AV r NiSBpa dn-dod asodxa I o) au|| 6uo|e puag jaded paaj
•
®091S a»B|du»i a^eAV asn
CITY OF
ViCARLSBAD
Community & Economic Development
Meckel MISI/^/
FILE COPY
www.carisbadca.gov
March 31, 2014
DK Realty Holdings, Inc.
4005 Sunnyhill Drive
Carlsbad, CA 92008
SUBJECT: CDP 14-03 - SUNNYHILL GUEST HOUSE - CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) APPUCABILITY/PROCESS DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical
Exemption Section 15303(A) for the construction of a second dwelling unit in a
residential zone. No environmental review is required for the project.
A Notice of Exemption will be filed after approval of the project with the San Diego
County Clerk's Office which involves a filing fee. Please submit a check to the project
planner in the amount of $50.00 made out to the San Diego County Clerk. The check
should be submitted approximately one week prior to the City Planner decision date.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Van Lynch, at (760) 602-4613 or van.lvnch(S)carlsbadca.gov.
Sincerely,
DON NEU, AlCP
City Planner
DN:VL:fn
Chris DeCerbo, Principal Planner
Steve Bobbett, Associate Engineer
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
GTA
Gary Taylor and Associates
3241 Adams Avenue
San Diego, CA 92116 (619)280-7613 fax280-7616 GTdesign@cox.net
March 20, 2014
Chris DeCerbo
City of Carlsbad
Re: CDP 14-03 13-043 PPrciUCn
PROJECT: Sunnyhill Guest House f^CI^CIVtU
APPLICATE: Michael Kootchick y^?? ? L '.P ^.
Enclosed are 2 copies of the revised Development Plans. CITY OF CARLSBAD
Responses to 1st review comments: PLANNIMG DIVISION
Planning:
1. The building has been adjusted for the 10' side yard setback.
2. The building has been adjusted to accommodate the 25' wide utility easement.
3. The application number has been added to the plans.
Engineering:
1. An easement Sheet 3 has been added to the plans.
2. See Sheet 3.
3. A note has been added "no overhead utilities".
4. A water meter location plan has been added to Sheet 1.
5. See Site Plan for sewer line information.
6. See Site Plan for sewer line location and Sheet # for sewer easements.
7. Drainage notes have been added to the Site Grades Plan Sheet 1
If you have any questions or should need anything additional please contact me at
(619) 280-7613
Sincerely ^
Gary Taylor and Associates, Inc
cc: Michael Kootchick
CDP 14:03- S.UNNYHILL GUEST HOUSE
M;archl4,2pl4 •
ISSUES OF CONCERN
Planning:
1. The required side yard setback for habitable buildings is 10% of the lot width, or a maximum of 10
feet. Since the lot width is 134.41 feet, the resultant side yard required would be 10 feet. The
proposed garage and SDU would need to have a 10 foot side yard setback. Please see Carlsbad
Municipal Code Section 21.10.030(E)(1) and 21.10.080(A)(1)(b) for the placement of second dwelling
units and placement of buildings.
2. Please show the 25 foot wide utility easement, recorded October 2, 1972, Doc. No. 264011 (See
Engineering comments below). The uprights of the patio cover appear to encroach into the utility
easement. Permission to encroach into the easement from the easement holder is required.
3. Please add the development application number CDP 14-03 to the plans.
Engineering:
1. The Chicago Title Company Preliminary Report Schedule B dated October 3, 2014 lists as access or
utility easements Items No. 4, 5, 6,10,11,12,13,16,17 and 18. Please show the location of all
easements that can be plotted and/or add a statement or table indicating that their location cannot
be determined from the easement document.
2. Specifically, show any and all of the Schedule B items above located along the southeasterly
property line that could affect the setback ofthe second dwelling unit from the easement(s).
3. Show any existing overhead utility facilities.
4. Show the location and size of the existing water service and water meter.
5. Show the location of the existing sewer lateral sen/ing the house and the proposed sewer lateral for
the second dwelling unit.
6. Show the offsite route of the existing private sewer lateral and any offsite private sewer easements
between this property the public sewer system.
7. The site plan indicates that the site drains to the west-northwest. Show where and how storm
water runoff leaves the property and drains onto adjacent properties.
<rCARLS8AD fILE COPY
Community & Economic Development www.carlsbadca.gov
March 4,2014
Michael Kootchick
4005 Sunnyhill Drive
Carlsbad, CA 92008
SUBJECT: 1st REVIEW FOR CDP 14-03 - SUNNYHILL GUEST HOUSE
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Minor Coastal Development Permit, application no. CDP 14-03, as to its completeness for
processing.
The application is complete, as submitted. Although the initial processing of your application may have
already begun, the technical acceptance date is acknowledged by the date of this communication. The
City may, in the course of processing the application, request that you clarify, amplif/, correct, or
otherwise supplement the basic information required for the application. In addition, you should also
be aware that various design issues may exist. These issues must be addressed before this application
can be scheduled for a hearing. The Planning Division will begin processing your application as of the
date of this communication.
At this time, the City asks that you provide two complete sets of the revised development plans
incorporating the comments below so that the project can continue to be reviewed. The Citv 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, Van Lynch, at (760) 602-4613, to discuss or to schedule a meeting to discuss your
application and to completely understand this letter. You may also contact each commenting
department individually as follows:
• Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747.
• Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
CHRIS DeCERBO
Principal Planner
CDiVUfn
c: Don Neu, City Planner
Steve Bobbett, Project Engineer
Chris DeCerbo, Principal Planner
IVIichele Masterson, Senior Management Analyst
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
•CARLSBAD f «•£ MPT
Community & Economic Development www.carlsbadca.gov
March 4, 2014
Michael Kootchick
4005 Sunnyhill Drive
Carlsbad, CA 92008
SUBJECT: 1st REVIEW FOR CDP 14-03 - SUNNYHILL GUEST HOUSE
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Minor Coastal Development Permit, application no. CDP 14-03, as to its completeness for
processing.
The application is complete, as submitted. Although the initial processing of your application may have
already begun, the technical acceptance date is acknowledged by the date of this communication. The
City may, in the course of processing the application, request that you clarify, amplify, correct, or
otherwise supplement the basic information required for the application. In addition, you should also
be aware that various design issues may exist. These issues must be addressed before this application
can be scheduled for a hearing. The Planning Division will begin processing your application as of the
date of this communication.
At this time, the City asks that you provide two complete sets of the revised development plans
incorporating the comments below so that the project can continue to be reviewed. The Citv 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, Van Lynch, at (760) 602-4613, to discuss or to schedule a meeting to discuss your
application and to completely understand this letter. You may also contact each commenting
department individually as follows:
• Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747.
• Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:VL:fn
c: Don Neu, City Planner
Steve Bobbett, Project Engineer
Chris DeCerbo, Principal Planner
IVIichele Masterson, Senior Management Analyst
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
ISSUES OF CONCERN
Planning:
1. The required side yard setback for habitable buildings is 10% ofthe lot width, or a maximum of 10
feet. Since the lot width is 134.41 feet, the resultant side yard required would be 10 feet. The
proposed garage and SDU would need to have a 10 foot side yard setback. Please see Carlsbad
Municipal Code Section 21.10.030(E)(1) and 21.10.080(A)(1)(b) forthe placement of second dwelling
units and placement of buildings.
2. Please show the 25 foot wide utility easement, recorded October 2, 1972, Doc. No. 264011 (See
Engineering comments below). The uprights of the patio cover appear to encroach into the utility
easement. Permission to encroach into the easement from the easement holder is required.
3. Please add the development application number CDP 14-03 to the plans.
Engineering:
1. The Chicago Title Company Preliminary Report Schedule B dated October 3, 2014 lists as access or
utility easements Items No. 4, 5, 6, 10, 11, 12, 13, 16, 17 and 18. Please show the location of all
easements that can be plotted and/or add a statement or table indicating that their location cannot
be determined from the easement document.
2. Specifically, show any and all of the Schedule B items above located along the southeasterly
property line that could affect the setback ofthe second dwelling unit from the easement(s).
3. Show any existing overhead utility facilities.
4. Show the location and size of the existing water service and water meter.
5. Show the location ofthe existing sewer lateral serving the house and the proposed sewer lateral for
the second dwelling unit.
6. Show the offsite route of the existing private sewer lateral and any offsite private sewer easements
between this property the public sewer system.
7. The site plan indicates that the site drains to the west-northwest. Show where and how storm
water runoff leaves the property and drains onto adjacent properties.
207-06
SHT 1 OF 2
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1^
09/10/2003 AW
CHANGES
BLK OLD NEW YR CUT
Oil 8
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IZ es NC
ZS 27/28 87 1755
7 29-42 00 55
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m 52 00 2011
27&28 53&54 04 1760
THIS MAP WAS PfSPARED FOR ASSESSMENT PURPOSES 0»*^. IW UABIUTY IS ASSUMED FOR TICACCURACV OF THE DATA SHOWN. ASSESSOR^ PAROELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
SAN DIEGO COUNTY
ASSESSOR'S MAP BOOK 207 PACT
MAP 13784 - CARLSBAD TCT NO 97-24
MAP 2647-CARLSBAD HIGHLANDS
ROS 939,4484
v9
207-06
SHT 1 OF 2
®
I 1"=100'
04/26/06 JAM
CHANGES
BLK OLD NEW|YR CUT
O&l 8 IA<I7]S3 2912 CC
18-24 f4 3I5Z
22rjl3
12 05 2053 RC
Z5 27/28 37 1755
7 29-42 00 55
18-21 43-50 00 1638
46&47 51 00 1848
45&48 49&50 52 00 2011
27&2B 53(Sc54 04 1760
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY, IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
SAN DIEGO COUNTY ASSESSOR'S MAP
BOOK 207 PAGE 06
MAP 13784 - CARLSBAD TCT NO 97-24
MAP 2647-CARLSBAD HIGHLANDS
ROS 939,44 84, 18767