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CDP 14-09; Tommy Dean Addition; Coastal Development Permit (CDP)
^ 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) Development Permfts r~l Coastal Development Permit (*) l^fMinor 0 Conditional Use Permit (*) I I Minor [U Extension 1 I Day Care (Large) I I Environmentai Impact Assessment I I iHabitat IVIanagement Permit [Zl Minor r~l Hillside Development Permit (*) d Minor I I Nonconforming Construction Permit r~1 Planned Development Permit CH Minor I I Residential [U Non-Residential I I Planning Commission Determination r~l Site Development Pian Q Minor r~l Special Use Permit I I Tentative Parcel Map (Minor Subdivision) I I Tentative Tract Map (Major Subdivision) I I Variance CH Minor (FOR DEPT. USE ONLY) Legislative Pennits I I General Pian Amendment (FOR DEPT. USE ONLY) I I Local Coastal Program Amendment (*) I I Master Pian CH Amendment I I Specific Plan CH Amendment CH Zone Change (*) I 1 Zone Code Amendment South Carlsbad Coastal Review Area Permits I I Review Permit I I Administrative CH Minor CH Major Village Review Area Permits I I Review Permit I I Administrative CH Minor CH Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS 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. ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: t^B6 iPBAITtM^ f^BMaOBU ^tNf^U^ F^AMIL.T BRIEF LEGAL DESCRIPTION: i^^//>/6r A LOT ^jCHdSnUDATld/J OR UDT^ 7^ j2fl B.LKzA LOCATION OF PROJECT: ON THE: SIDE OF STREET ADDRESS (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN ^£tCH Ai^ (NAME OF STREET) AND CURI§riAl^^&^ UiAf (CBP^ ^) (NAME OF STREET) p-1 Page 1 of 6 Revised 12/13 OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: ' -WMMY PEAAJ €^i^<iB/>r^ ^2/?0^ APPLICANT NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICANT'S REPRESENTATIVE (Print): fSArHJtY !SHITU MAILING ADDRESS: IhiDUZOtiAt. UAy CITY, STATE, ZIP: f^Ai~t^BRe>aK CA - ^Pj:fZ97 (7(^) ^b^^ 433^ EMAIL ADDRESS: ^ . iQlvrf-^a i /- I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT A\± THE ABOVE INFORMATION IS TRUE AND COBRECT TO THE BEST/Oflk/IY 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 AND BIND ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY RECEIVEO APR S 0 ; CITY OF PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Cl P-1 Page 2 of 6 Revised 12/13 ^ DISCLOSURE Development Services STATEMENT Planning Division P-1(A) www.carlsbadca.gov CITY OF p 'i(A\ 1635 Faraday Avenue CARLSBAD ' Applicant's statement or disclosure of certain ownership Interests on all applications which will require discretionary action on the part of the City Council or any appointeci 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, fimn, 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 corporation or partnerahio. 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 /\//^ Corp/Part Title Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person -T&MHy DBAlJ Corp/Part Title OlANfUZ. Title Address 45ly AOAH^ gT. Address. P-1 (A) Pagel of2 Revised07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oroanization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes Ifyes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above infofmation is true and correct to the best of my knowledge. signature^ Signature of applicant/date Print or type name of owner Print or type name of applicant §i^^%7e^€|k^ner/appljl|pant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 04/09 ^ PROJECT Development Services <r DESCRIPTION Planning Division ^ CITY OF D_i/R\ 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD PROJECTNAME: TbMM-Y IfBAKi ^BSIQFMCEL APPLICANT NAME: -TaMMY P£A^ . Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: TO MUPlNa Bf^^/BU/PS- (f^^f6iHT, UJi DTH, I^BNGfTH) , (z^) Bxier/NCf oF^e/^ UB^BL I?&CKS ro TV/S^J^ if^ro UN. ArKBA (l30 "TO CfZBATB -4 C^LBAK SToi^ L/^t^df Al^BA OAJ A/^'A/ LBV£L izHO e f.") /SBDUCTIO/J TD UPP&^ LJS^&^- hisc. UJlMt>oiA iJm^M>eS, AUL BL£Crt^ic^, PuoiTBi/ddr HWA^, /NSOL^rtOf^, 1^ oof t/J6^ , P-1(B) Pagel of 1 Revised 07/10 A- ^ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 0^ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: T79MMY ceAkl PROPERTY OWNER Name: SM^B., Address: AGAM^ ST: Phone Number: {(jfjeS ^?J>\ Zto^ Address of Site: Ztol OC&AKI ST. Address: Phone Number: Local Agency (City and Countv): OITY Assessor's book, page, and parcel number: " li-^O " 3^ Specify list(s): Regulatory Identification Number:. Date of List: 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 Caiifornia Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 i MINOR COASTAL _ , * c« • J%V^ DEVELOPMENT PERMIT/ Development Services ^ CITY OF SINGLE FAMILY RESIDENCE J.^" J ^ ADDI ir^ATirkM 1635 Faraday Avenue TAR I ^RAD APPLICATION (760)602-4610 ^^MIALODML/ P-6 wwwcansbadcagov 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 detennination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential 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 detennination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. => New Residential Square Footage: N/A square feet x $ /sq. ft. = $ => Residential Addition Square Footage: /^^ square feet x $_7£f_/sq. ft. = $ ^75^ fg>V/gn PGui Ta uv. /i^B4) Any Garage Square Footage: A//y\ square feet x $ Isq. ft. = $ Residential Conversion Square Footage: fsJ/A square feet x $ Isq. ft. = $ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) N/A square feet x $ Isq. ft. = $ COST OF DEVELOPMENT ESTIMATE: $__f7^ 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) [U C. Street address of proposed development ZTO I OOBAN Sr^ CA/Zi-SBAO cA. 1Z^?) P-6 Pagel of6 Revised05/12 D. Assessor's Parcel Number of proposed development -103' It^O^ 3fi E. Development Description: Briefly describe proiect: IB^BSUPBAtriAL l^gHODBi. fSFp) tJjfU ^gy/gm- P£CKS T-a zyy/A/z-y A^E^ (S.F^) <^ SboTI-f l^ALU F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: SFi> - (-g/x/A/g FAMILY o^^^tf^^^ South: East: 6Ff7, CONDoS_ Ru^liJ£S^ West: F^Ptr. ^or^EKfJ G. Is project located within a 100-year flood plain? • Yes H^o II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? B^es d] No If yes, please describe. eK(^f/^rif SINCDIL^ FAMU.>r PWf?£rUN<sr B. Will any existing structure be removed/demolished? O Yes Qlsio 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 IS<^5 sq. ft. ^ sq. ft. IS'^'y sq. ft. ^3 % Landscaped Area i5iZ sq.ft. O so. ft. 1531- sa. ft. _£3_% Hardscape Area 3<^^3 sq.ft. O sq. ft. sq.ft. S4 % Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. % B. Parking: Number of existing spaces ig- /A/ ^ACA^/^ ^ 2 pejvJ5.U4Y Number of new spaces proposed 0_ 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 05/12 '0 Number of compact spaces Is tandem parking existing? • Yes # • No Is tandem parking proposed? CD Yes # CH No C. Grade Alteration: Is any grading proposed? CH Yes 0^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 05/12 The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower riaht hand corner of plan visible.) A- SITE PLAN - Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. GENERAL INFORMATION •a. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans, •b. Location, size and use of all easements. •c. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, oft-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Gd. Distance between buildings and/or structures. •e. Building setbacks (front, rear and sides). •f. Location, height and materials of walls and fences. •g. Dimensions/location of signs. •h. A summary table of the following (if applicable to the application): •(1) Street address and assessor's parcel number. 0(2) Site acreage. •(3) Existing Zone and Land Use Designation. •(4) Proposed land use. •(5) Total building coverage (in square feet and as a percent). •(6) Percent of site to be landscaped. •(7) Number of parking spaces required/provided. •(8) Square Footage of open or recreational space (if applicable). •(9) Cubic footage of storage space (if applicable), •i. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a detemiination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: •1- Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). •2. Earthwork volumes: cut, fill, import and export. •3. Spot elevations at the corners of each pad. [IH4. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. CH5. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. •6. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. p-6 Page 4 of 6 Revised 05/12 CITY CARLSBAD O F STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 FaradayAvenue 760-602-2750 www.carlsbadca.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 VVater 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 permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stomiwater 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 development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent stonn water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development 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 forthe same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that 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 constructed to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 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 Information. If you answered "no" to both questions, then go to Step 2. E-34 Page 1 of 3 Effective 6/27/13 CARLSBAD CITY OF STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This inciudes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. 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 restaurant? 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 for immediate consumption. 1^ 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 the entire project site and supports a parking lot. A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. 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 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. 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland 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 (i.e. not commingles with flows from adjacent lands).* 8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the foilowing critena: (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 disturbance of one or more acres of land and are expected to generate pollutants post construction? 11.1s your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? 1^ If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storni Water Requirements such as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with 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, check the "my project meets PDP requirements" box and complete appiicant information. If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step 4 at the end of this questionnaire, check the "my project does not meet POP requirements" box and complete applicant information. E-34 Page 2 of 3 Effective 6/27/13 STORM WATER Development Services Land Development Engineering STANDARDS Development Services Land Development Engineering ^ CITY OF CARLSBAD QUESTIONNAIRE 1635 Faraday Avenue ^ CITY OF CARLSBAD E-34 760-602-2750 www.carlsbadca.gov Complete the questions below regarding your redevelopment project: YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant Information. My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storni Water Management Plan for submittal at time of application. 1 understand flow control (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 the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address: Aq£licant Name: jgV;7V Apfilicant Signature: // Accessor's Parcel Number(s): Applicant Title: Date: This Box for City Use Oniy City Concurrence: YES NO By: Date: Project ID: * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27/13 (ft Lawyers Title Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (619) 209-3489 The Escrow Firm 6105 La Granada # R P O Box 568 Rancho Santa Fe, CA 92067 Attn: Julie Wood Title Officer: Dee Dee Burland—So email: tu31@ltic.com Phone No.:(858) 650-3900 Fax No.: File No.: 313315727 Your Reference No: 9077-JW Property Address: 2701 Ocean Street, Carlsbad, California PRELIMINARY REPORT Dated as of September 5, 2013 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein. Lawyers Title - SD 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. Limitation 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below 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. 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. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 File No: 313315727 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA Standard Owners ALTA Loan 2006 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: William C. Mann, trustee of The William C. Mann separate property Trust, dated October 17, 2005 The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (11-17-06) Page 2 File No: 313315727 EXHIBIT All that certain real property situated in the County of San Diego, State of California, described as follows: All of Lots 28 and 29 in Block A of Map No. 2 of the Hayes Land Company Addition in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1221, filed in the Office of the County Recorder of San Diego County, November 4, 1909. Excepting from said land Lots 28 and 29 the Northeasterly 5.00 feet thereof. Said Northeasterly 5.00 feet being shown on the Plat attached to and designated as Attachment A in deed to the City ofCarlsbad, for public street purposes, recorded June 10, 1974 as Document No. 74-152823of Official Records. Said Lots 28 and 29 have been consolidated into one parcel by Certificate of Compliance recorded December 1 7, 1998 as file no. 98-0825945of Official Records. APN: 203-140-38 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 File No: 313315727 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 FileNo: 313315727 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2013-2014. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Any adverse claim based upon the assertion that some portion of said Land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 3. Any rights in favor of the public which may exist on said Land if said Land or portions thereof are or were at any time used by the public. 4. 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: May 15, 1974 Recording No: 74-126864 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. 5. Matters contained in that certain document Entitled: Future Improvement Agreement Dated: June 5, 1974 Executed by: Carlsbad Beach Club, c/o Robert J. Klitgaard and the City of Carlsbad, a Municipal Corporation Recording Date: June 10, 1974 Recording No: 74-152822 of Official Records Reference is hereby made to said document for full particulars. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Carlsbad Purpose: public walkway Recording Date: May 15, 1974 Recording No: 74-126865 of Official Records Affects: Portion of said land CLTA Preliminary Report Form - Modified (11-17-06) Page 5 FileNo: 313315727 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas & Electric Company Purpose: public utilities Recording Date: November 13, 1974 Recording No: 74-300208 of Official Records Affects: Portion of said land 8. An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s): public access Recording Date: January 22, 1982 Recording No: 82-018562 of Official Records Affects: The Southerly 15 feet of Lot 29 9. Matters contained in that certain document Entitled: Agreement Dated: January 25, 1983 Executed by: Richard C. Strauss and the State Coastal Conservancy, an agency of the State of California Recording Date: February 2, 1983 Recording No: 83-035267 of Official Records Reference is hereby made to said document for full particulars. Among other things, said Agreement provides for: Operating arrangements and maintenance of easement for public access 10. A "5' easement for public beach access" as disclosed by a certificate of compliance for adjustment plat recorded 12-17-98 document #98-0825945 of Official Records Affects as shown on said document 11. An instrument entitled Contract for Future Public Improvements Executed by: William C. Manna, an unmarried man and In favor of: The City of Carlsbad, a Municipal Corporation Recording Date: August 09, 1999 Recording No: 1999-0550708 of Official Records Which among other things provides: A lien granted to the City in the amount of $15,790.50 plus any future increases of costs Reference is hereby made to said document for full particulars. 12. A Notice of Restriction on Real Property Recording Date: January 28, 2004 Recording No.: 2004-0068109 of Official Records CLTA Preliminary Report Form - Modified (11-17-06) Page 6 File No: 313315727 13. A deed of trust to secure an indebtedness in the amount shown below. Amount: $750,000.00 Dated: September 16, 2005 Trustor/Grantor William C. Mann, a married man as his sole and separate property Trustee: Fidelity National Title Company Beneficiary: Washington Mutual Bank, FA Loan No.: 064509338 Recording Date: September 22, 2005 Recording No: 2005-0821721 ofOfficiai Records An agreement recorded December 5, 2006 at 2006-0862671 which states that this instrument was subordinated to the document or interest described in the instrument Recording Date: December 5, 2006 Recording No: 2006-0862670 of Official Records 14. A deed of trust to secure an indebtedness in the amount shown below. Amount: $1,550,000.00 Dated: November 28, 2006 Trustor/Grantor William C. Mann, trustee of The William C. Mann separate property Trust, dated October 17, 2005 Trustee: California Reconveyance Company, a California Corporation Beneficiary: Washington Mutual Bank, FA a Federal Savings Bank Loan No.: Not shown Recording Date: December 05, 2006 Recording No: 2006-0862670 ofOfficiai Records 15. A pending court action as disclosed by a recorded notice: Plaintiff: Mitzi Mann Defendant: William Mann County: County of San Diego Court: Superior Case No.: DN 165984 (PCR) Nature of Action: For dissolution of marriage and enforcement of judgment concerning and affecting real property Recording Date: September 16, 2011 Recording No: 2011-0481437 ofOfficiai Records 16. 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 the Company, and/or by inquiry ofthe parties in possession thereof. 17. 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 require, for review, a full and complete copy ofany unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from 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 File No: 313315727 18. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions ofthe trust instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form - Modified (11-17-06) Page 8 File No: 313315727 REQUIREMENTS SECTION: Req. No, 1: In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): Buyers and/or Sellers The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Req. No. 2: The Company will require either (a) a complete copy ofthe trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all ofthe current trustee(s) ofthe hereinafter named trust, a form of which is attached. Name of Trust: The William C. Mann separate property Trust Req. No. 3: The Company requires a Statement of Information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said Land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. After review ofthe requested Statement(s) of Information, the Company may have additional requirements before the issuance ofany policy of title insurance. Buyer's name(s): Tom Dean The Company reserves the right to add additional items or make further requirements after review ofthe requested documentation. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. CLTA Preliminary Report Form - Modified (11-17-06) Page 9 File No: 313315727 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 1980 Saturn Street, V03-012 Monterey Park, CA 91755 (800) 849-6466 ABA # 122000496 CREDIT TO: Lawyers Title - SD ACCOUNT #: 9101081355 RE: 313315727 PLEASE INDICATE Lawyers Title - SD TITLE ORDER NUMBER CLTA Preliminary Report Form - Modified (11-17-06) Page 10 File No: 313315727 Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of titie insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. Note No. 4: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. Note No. 5: The following information will be included in the CLTA Form 116 or ALTA Form 22-06 Endorsement to be issued pursuant to this order: There is located on said Land: A Single Family Residence Known as: 2701 Ocean Street, Carlsbad, California Note No. 6: There are no conveyances affecting said Land recorded within 24 months ofthe date of this report. Note No. 7: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy ofthe cancelled check is provided, in which case there will be no hold), Note No. 8: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 203-140-38-00 Fiscal Year: 2012-2013 1''Installment: $5,796.58 2"" Installment: $5,796.58 Exemption: $7,000.00 Code Area: 09000 Processor: eg Date Typed: September 23, 2013 CLTA Preliminary Report Form - Modified (11-17-06) Page 11 File No: 313315727 ATTACHMENT ONE 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, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any 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 governmental regulations, except to the extent that a notice of the enforcement 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 of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not 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 or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceabihty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I 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: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which couid be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 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 (Revised 06-03-11) CA, NV, HI and Guam Page 12 File No: 313315727 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not hmit the coverage described in Covered Risk 8.a., 14, 15, 16, 18. 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b, in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk U or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability Covered Risk 16; 1.00% ofPolicy Amount Shown in Schedule A $ 10,000 00 or $2,500.00 (whichever is less) Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A $ 25.000.00 or $5.000.00 (whichever is less) Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or $5.000.00 (whichever is less) Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A $ 5.000.00 or $2.500.00 (whichever is less) Attachment One (Revised 06-03-11) CA, NV, HI and Guam Page 13 File No: 313315727 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. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning; • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Pohcy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Tide 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 • 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 are 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 title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title 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. 2006 ALTA LOAN 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 governmental 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 governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or hmit the coverage provided under Covered Risk 7 or 8. 3. Defects, Uens, 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 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 11, 13 or 14); or (e) 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 inabiUty or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Attachment One (Revised 06-03-11) CA, NV, HI and Guam Page 14 File No: 313315727 7. Any hen on the Titie for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Pubhc Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). 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 pohcy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of; 1. (a) Taxes or assessments that are not shown as existing hens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this pohcy, 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 governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (li) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of PoUcy, 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 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 bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the PubUc Records that vests Title 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 will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing Uens by the records of any taxing authority that levies taxes or assessments on real property or by the PubUc 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 PubUc 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, Uens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land sui-vey 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 hen or right to a lien for services, labor or material not shown by the public records. Attachment One (Revised 06-03-11) CA, NV, HI and Guam Page 15 File No: 313315727 ALTA EXPANDED COVERAGE RESIDENTL\L LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental 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 governmental 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 governmental 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 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 PoUcy, 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 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 11, 16. 17, 18, 19, 20, 21, 22, 23, 24,27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the Uen of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no 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 governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential strticture, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with appUcable 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 bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (Revised 06-03-11) CA, NV, HI and Guam Page 16 File No: 313315727 (ift Lawyers Title p _ .—.—_ ^—_ — Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (619) 209-3489 Order No. 313315727 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing 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 filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount, These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC - Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discount Mod. 10/21/2011 CLTA Preliminary Report Form - Modified (11-17-06) Page 17 Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains 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 Information 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 Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning 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 governmental authority, in a civil action, in connection with a subpoena or a governmental Investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have 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 title 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. Page 1 of 2 Effective Date: 5/1/2008 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 correction or deletion of your Personal Information. However, FNF's current policv is to maintain customers' Personal Information for no less than your state's reauired record retention reouirements for the purpose of handlina future coveraoe claims. For your protection, all requests made under this section must be in writing and must include your notarized siqnature to establish vour identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside 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. Page 2 of 2 09 O2l2SI0e DEP 203-14 SHT 1 OF 2 ® 1=100 CHANGES BLK OLDjNEWjYR CUT f^O Ml lOSZ Ar2 /M 3074 I4^> 7S 198 140 /g 3?-35 Tli 2951 143 5^6 7» 3SOJ 143 7 ^/ /ise 140 !?2 56,3-! / <f^ 4766 IAI Z4 K 2549 I40 Si IAI 3640 1*1 I'' 1 615 /4a MO '4^5'.:^, Isa 1*1 140 , iSAME ft 3 1 ST OP 96 4756 140 140 3 CONGO 99 523 140 140 11lc12 37 99 1679 140 30*31 38 00 01 05 1039 140 37 CONDO 00 01 05 533 5519 1*0 28 * SUB IDS SAME ft PUB ACC 00 01 05 533 5519 140 a it J«£;i05 5595 '« !S»B IDS KJjoa!5563 SAN WEGO COUNTY ASSESSOR'S MAP BOOK 203 PAGE 14 SHT 1 THS IMP WAS PRB'ARB) FOR ASSESSUENT PURPOSES ONLY NOLIABIUIYIS A^mDFORTHEAtSlWryOfTHEIWTASH^ ASSESSORS PAfiCaS 1^ IBT COM>LY wrm LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 15369 - CARLSBAD TCT NO 04-22 MAP 2037 - GRANVILLE PARK NO. 2 . MAP 1221 - HAYES LAND CO. ADD. MAP NO. 2 MAP 893 - OCEANSIDE ADD.TO CARLSBAD MAP 775(365.535) - TOWN OF CARLSBAD AMENDED ROS 11010,12348,13586.18012,18958 I• CONDO THE NCTHERLANDS DOCe2-216020 CSEE SHT 2) 2* CONDO PUESTA DEL SOL DOC 86-306813 (SEE SHT 2) 3* CONDO 2677&2679 OCEAN STREET DOC 89-176489 (SEE SHT 2) 4* CONDO SEABISQUrr CONDOMINIUMS DOC98-195363 (SEE SHT 2) 5« CONDO OCEAN STREET CONDOMINIUM DOCOO-297180 (SEE SHT 2) 6" PUBUC ACCESS ESMT A • • Order No: 313315727 - LTSD - Dee Dee Burland~So CERTIFICATION OF TRUST California Probate Code Section 18100.5 The undersigned declare(s) under penalty of perjury under the laws of the State of California that the following is true and correct: 1. The Trust known as , executed on , is a valid and existing trust. 2. The names of the settlors of the Trust are: 3. The names of the currently acting trustees are: 4. The trustees of the Trust have the following powers (initial applicable line(s)): Power to acquire additional property. Power to sell and execute deeds. Power to encumber, and execute deeds of trust. Other: 5. The Trust is (check one): Revocable Irrevocable If revocable, who may revoke the Trust? 6. Are all trustees required to execute the powers of the trustee? Yes No If no, explain trustee's authority: 7. Title to Trust assets is to be taken as follows: 8. The Trust has not been revoked, modified or amended in any manner which would cause the representations contained herein to be incorrect. 9. The trustees signing below are all ofthe currently acting trustees. 10. The trustees signing below may be required to provide copies of excerpts from the original Trust documents which designate the trustees and confer the power to act in the pending transaction. Dated: Print Name: Print Name: STATE OF CALIFORNIA "I COUNTYOF ' On before me, , a Notary Public, personally (here insert name and title of the officer) appeared ^ ^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for notary stamp) Trust Certification (03/03) City of Carlsbffd ' Faraday Center Faraday Cashiering 001 1416201-2 06/11/2014 149 Wed, Jun 11, 2014 01:42 PM Receipt Ref Nbr: R1416201-2/0008 PERMITS - PERMITS Tran Ref Nbr: 141620102 0008 0008 Trans/Rcpt#: R0101926 SET #: NCP14004 Amount: 1 @ $697.00 Item Subtotal: $697.00 Item Total: $697.00 1 ITEM(S) TOTAL: $697.00 ChecK (Chk# 8710) $697.00 Total Received; $597.00 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: DEAN TOMMY M TRUST 03-14-05 Description NCP14004 2 7 01 OCEAN ST CBAD Amount 697.00 Receipt Number: R0101926 Transaction Date: 06/11/2014 Transaction ID: R0101926 Pay Type Method Description Amount Payment Check 697.00 Transaction Amount: 697.00 4GJ .- City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Applicant: SMITH BARRY Description Amount CDP14009 846.92 2701 OCEAN ST CBAD Receipt Number: R0101247 Transaction ID: R0101247 Transaction Date: 04/30/2014 Pay Type· Method Description Amount Payment Check 846.92 Transaction Amount: 846.92 NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT ~-\~~~JI~E COPY l~~"(_ City of Carlsbad 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 August 5. 2014 Application#: CDP 14-09/NCP 14-04 Filing Date: April 30. 2014 Case Name: Tommy Dean Addition Decision Date: July 23. 2014 Applicant: Barry Smith Agent (if different): Address: 308 Industrial Way. Fallbrook CA 92028 Address: Phone: 760-468-4334 Phone: Project Description: A request for a Minor Coastal Development Permit and Nonconforming Construction Permit to allow for the enclosure of an existing 55 square foot deck located on the second floor of the southeast side of an existing single-family home which is nonconforming due to its height at 2701 Ocean Street in the R-3 zone and within the Mello II Segment of the Local Coastal Pro ram Project Location: 2701 Ocean Street ACTION: D APPROVED C8:J APPROVED WITH CONDITIONS D DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, ond the applicant). COASTAL COMMISSION APPEAL STATUS: -0 NOT APPEALABLE TO THE COASTAL COMMISSION. C8:J 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 of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty {30} days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax lL"\ c(J rn CJ IJ1 .::::1'" r-"1 1"'-ru CJ CJ CJ CJ CJ rn ..JJ ru rn r-"1 CJ 1"'- II II llll Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. llill Print your name and address on the reverse so that we can return the card to you. 1111 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission 7575 Metropolitan Dr., Suite 103 San Diego, California 92108-4402 delivery address different from item 1? 0 Yes If YES, enter delivery address below; ~o 3. ~rvioe Type Certified Mail® 0 Priority Mail Expressm Registered 0 Return Receipt for Merchandise 0 lnsured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra 2. Article Number (Tr<~nsflilr from ~Jervice /a/JeV 7013 2630 DODD 2714 5038 PS Form 3811, July 2013 pornestic Return Receipt -~~~;i~·:·~:~~!f(. _:;,_,,,,, .. ,,,.: ,.,.,.,-,:·. UNITED STATE~.(?QS,J,N..;;~ERVICE . ·.• . .,.:.;-i·-~· .~. ;., ..... -:.·:~·t' I .,..,. ··~-r--3-.l XJ~F CARLSBAD . NNING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD~ CA 92008-7314 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • 1111 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 1111 Print your name and address on the reverse so that we can return the card to you. Ill Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission 7575 Metropolitan Dr., Suite 103 San Diego, California 92108-4402 S $ECTI(,>N 9Jlrf'~Et!.l1Vfpl:IY , , · 1 1 \ ) 'I \\ j "> ~ 3. Service Type ~ertified Mail® D Priori1y Mail Express'" D Registered )it Return Receipt for Merchandise D Insured Mail D Collect on Delivery 14. Restricted Delivery? (Extra Fee) D Yes 2. Article Number (Transfer from service !abeQ 7013 2630 DODO 2714 5090 PS Form 3811, July 2013 Domestic Return Receipt I ~, FILE COPY cSisbad ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT AND NON-CONFORMING CONSTRUCTION PERMIT NOTICE OF PENDING DECISION DATE: June 18, 2014 APPLICATION NUMBER AND NAME: CDP 14-09/NCP 14-04 - TOMMY DEAN ADDITION PROJECT DESCRIPTION: The applicant is requesting the approval of a Minor Coastal Developnnent Permit and Non-conforming construction permit to allow for an existing exterior second floor deck to be converted to living area. The deck is located nearthe front ofthe residence (landward ofthe sea) along Ocean Street and is situated above a two car garage. The deck conversion would add 55 square feet to the total living area. LOCATION: 2701 Ocean Street on the seaward side of Ocean Street between Beech Street and Christiansen Street within the Mello II Segment ofthe Local Coastal Program. APN: 203-140-38-00 The proposed development is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will onlv be held upon written request, within 10 calendar davs fronri the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The Citv Planner will determine this application 10 calendar davs after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Ifyou have any questions, comments or concerns regarding this application please contact Greg Fisher, at the City of Carlsbad Planning Division, (760) 602-4629, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Community & Economic Development Planning Division 1635 FaradayAvenue I Carlsbad, CA 92008 ! 760-602-4600 I 760-602-8560 fax Easy Peel® Labels Use Avery® Tiemplate 5160® 2683 Or Current Resident 2683 OCEAN ST CARLSBAD, CA 92008 Al Bend along line to • expose Pop-up Edge™ jj^^ AVERY® 5160® 1 2683 LP PO Box 793 Rancho Santa Fe, CA 92067-793 KLOSTERMAN FAMILY TRUST Or Current Resident 2685 OCEAN ST CARLSBAD, CA 92008 KLOSTERMAN FAMILY TRUST 1565 Hillcrest Ave Glendale, CA 91202-1237 PATTON,MK FAMILY TRUST Or Current Resident 2687 OCEAN ST CARLSBAD, CA 92008 PATTON.MK FAMILY TRUST 28 W Yale Loop Irvine, CA 92604-3619 SIDUN,MARIE TRUST Or Current Resident 2688 OCEAN ST CARLSBAD, CA 92008 SIDUN,MARIE TRUST 621 Las Flores Drive San Marcos, CA 92078-6221 KUNKEL, J RICHARD Or Current Resident 2689 OCEAN ST CARLSBAD, CA 92008 KUNKEL, J RICHARD PO Box 1079 Oklahoma City, OK 73101-1079 BENEDICT,CARLSBAD LIVING TRUST Or Current Resident 2691 OCEAN ST CARLSBAD, CA 92008 BENEDICT.CARLSBAD LIVING TRUST 8357 Turtle Creek Circle Las Vegas, NV 89113-133 WAILES.ROBERT E TRUST Or Current Resident 2729 OCEAN ST CARLSBAD, CA 92008 WAILES.ROBERT E TRUST 2729 Ocean St Carlsbad, CA 92008-2241 LOCKERMAN, MICHAEL J Or Current Resident 2731 OCEAN ST CARLSBAD, CA 92008 LOCKERMAN, MICHAEL J 2731 Ocean St Carlsbad, CA 92008-2241 JOHNSON, NANCY F Or Current Resident 2723 OCEAN ST CARLSBAD, CA 92008 JOHNSON, NANCY F Or Current Resident 2725 OCEAN ST CARLSBAD, CA 92008 JOHNSON, NANCY F PO Box 328 Carpinteria, CA 93014-328 Etiquettes faciles a peler Utilisez le aabarit AVERY® 5160® • ^Sens de Repliez a la hachure afin de | reveler le rebord POD-UD^" ! vvww.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Tettiplate 5160® JOHNSON, NANCY F Or Current Resident 2727 OCEAN ST CARLSBAD, CA 92008 Bend along line to expose Pop-up Edge™ AVERY® 5160® I 1 GOLDSTEIN FAMILY TRUST Or Current Resident GARFIELD ST CARLSBAD, CA 92008 GOLDSTEIN FAMILY TRUST 160 Tamarack Ave Carlsbad, CA 92008-4059 GOLDSTEIN FAMILY TRUST Or Sujrent Resident OCEAh CARLSBAD,^ GOLDSTEIN FAMILYTRUST Or Cttrr^nt Resident OCEAN CARLSBAD J[^2008 Sm^DSTEIN FAMILY TRUST OrOucrent Resident OCEAN" CARLSBADf€:^2008 GQLDSTEIN FAMILY TRUST OrCii«:ent Resident OCEAN CARLSBADrCa92008 GOLDSTEIN FAMILY TRUST 16il Carlsbad, GOLDSTEIN FAMILY TRUST 16iKCamarack Ave Carlsb^diXA 92008-4 GOLDSTEIN FAMILY TRUST 160 Tam^ck Ave CarlsbadrCA.^2008-40i GlSl^pSTEIN FAMILY TRUST 160 Tlrm^ck Ave Carlsbad7t;As92008- Etiquettes faciles a peler Utilisez le aabarit AVERY® 5160® Sens de Repliez a la hachure afin de j r6v6ler le rebord POD-UD™ ! vvww.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® PALISdUL TRUST Or Current Resident 2653 OCEAN ST CARLSBAD, CA 92008 I I il Bend along line to expose Pop-up Edge™ HAWTHORNE FAMILY TRUST Or Current Resident 2681 OCEAN ST CARLSBAD, CA 92008 AVERY® 5160® C, BLAIR,MARTIN L & CYNTHIA S Or Current Resident 2655 OCEAN ST CARLSBAD, CA 92008 MCGRATH,J BARRY 1999 TRUST C Or Current Resident C 2685 GARFIELD ST ( CARLSBAD, CA 92008 C BILLER,PATRICK D & LADUSKA T MARITAL TRUST 04-10-0 Or Current Resident 2658 OCEAN ST CARLSBAD, CA 92008 2687 GARFIELD LLC Or Current Resident 2687 GARFIELD ST CARLSBAD, CA 92008 SWAN,CHRISTOPHER & CRISTA Or Current Resident 2668 OCEAN ST CARLSBAD, CA 92008 BARTEL,SCOTT J/PAPPAS,NICOLE M Or Current Resident 2689 GARFIELD ST CARLSBAD, CA 92008 OREILLY FAMILY TRUST 09-01-06 Or Current Resident 2669 GARFIELD ST CARLSBAD, CA 92008 HAVENS.FRED Z JR TRUST/HAVENS,BARBARA J TRUST Or Current Resident 2747 OCEAN ST CARLSBAD, CA 92008 KRUGER,EDWARD S & CLAIRE L Or Current Resident 2677 GARFIELD ST CARLSBAD, CA 92008 BELL FAMILY PARTNERS Or Current Resident 2751 OCEAN ST CARLSBAD, CA 92008 CARLSBAD BEACH HOTEL PROP LLC Or Current Resident OCEAN ST CARLSBAD, CA 92008 MOONEY,CHARLES S/MOONEY,HERBERT S JR ETAL Or Current Resident 2677 OCEAN ST CARLSBAD, CA 92008 ST MICHAELS-BY-THE-SEA EPISCOPAL CHURCH Or Current Resident 2775 CARLSBAD BLVD CARLSBAD, CA 92008 GORDON.IRVING J TRUST Or Current Resident 2678 OCEAN ST CARLSBAD, CA 92008 EAN UlSCE LLC Or Current Resident 2679 OCEAN ST CARLSBAD, CA 92008 CARLSBAD BEACH HOTEL PROP LLC Or Current Resident 2795 OCEAN ST CARLSBAD, CA 92008 PHILLIPS, JACK D Or Current Resident 2665 OCEAN ST CARLSBAD, CA 92008 A notice has been mailed to all property owners/occupants listed herein. ' ' Date; Signature: 'ners/occupants BIXBY, EDWARD W Or Current Resident 2680 OCEAN ST CARLSBAD, CA 92008 PHILLIPS, JACK D Or Current Resident 2667 OCEAN ST CARLSBAD, CA 92008 Etiquettes faciles a peler Utilisez le aabarit AVERY® 5160® Sens de Repliez a ia hachure afin de j reveler le rebord POD-UD™ ! vwvw.avery.com 1-800-GO-AVERY CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CDP 14-09 DEAN RESIDEENCE BUILDING ADDRESS: 2701 OCEAN ST PROJECT DESCRiPTiON: RESIDENTIAL REMODEL OF SINGLE FAMILY RESIDENCE (TAKE DOWN TO FRAMING) ASSESSOR'S PARCEL NUMBER: 203-140-38-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewred by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instmctions in this report can result in suspension of permit to build. By: Date: DENIAL Please see the attached report of deficiencies marked with [Zl. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: G. RYAN By: By: Date: 06.06.2014 Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 COMMENTS REVIEW CHECKLIST SITE PLAN -jSTEl 2^'^''' 3RDil • • • 1. Access: • Fire Department access inadequate. This access shall provide an unobstructed width of 24 feet, and a unobstructed vertical clearance or "clear- to-sky". FIRE SPRINKLERS STI gRDH • • • 1. An automatic fire sprinkler system is required for this project because: • This project is located on a street that does not meet the minimum street width of twenty-eight (28) feet in a fire hazard zone. • This project is located less than ten (10) feet from adjacent buildings (eave to eave) • • • 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. • • • 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS • • • 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. *>CA((LSBAD "LE COPY Community & Economic Development www.carlsbadca.gov July 25, 2014 Barry Smith 308 Industrial Way Fallbrook, CA 92028 SUBJECT: NOTICE OF RESTRICTION - CDP 14-09/NCP 14-04 - TOMMY DEAN ADDITION Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Coastal Development Permit. Please ensure the following items are addressed prior to returning the Notice of Restriction: Correct Notary Acknowledgement Required (Effective Januarv 1. 2008, all Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly- Bill 886, Chapter 399)) Document must be properly notarized. ^ Name on signature page and name on Notarial Acknowledgement must match. y Property owner's signatures/initials must be the same as on Notary Acknowledgement. ^ Notary seal cannot be blurry/too light (County will not record the document If any portion of the Notary Seal Is blurry or too light) ^ Include property owner's name in the designated space above the owner's signature. Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. Ifyou have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, GREG FISHER Assistant Planner c: Michele Masterson, CED Senior Managennent Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © *TcAR^SB^D FILE COPY Community & Economic Development www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT/NONCONFORMING CONSTRUCTION PERMIT NOTICE OF DECISION July 23, 2014 Barry Smith 308 Industrial Way Fallbrook, CA 92028 RE: CDP 14-09/NCP 14-04 - TOMMY DEAN ADDITION The City Planner has completed a review of your application for a Minor Coastal Development Permit and Nonconforming Construction Permit to allow for the enclosure of an existing 55 square foot deck located on the second floor of the southeast side of an existing single-family home which is nonconforming due to its height at 2701 Ocean Street in the R-3 zone and within the Mello II Segment of the Local Coastal Program. A notice was sent to property owners within a 300-foot wide radius and to occupants within a 100-foot wide radius of the subject property requesting comments regarding the above-noted request. No inquiries were received within the ten day notice period, which ended on June 20, 2014. It is the City Planner's determination that the project CDP 14-09/NCP 14-04 - Tommy Dean Addition, is consistent with the City's applicable Coastal Development Regulations (Chapters 21.201 - 21.205), the City's Nonconforming Lots, Structures and Uses (Chapter 21.48), and with all other applicable City ordinances and policies and that the findings required for granting a Minor Coastal Development Permit and Nonconforming Construction Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Minor Coastal Development Permit Findings (CUP 14-09) 1. That the total cost of the proposed development is less than $60,000. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the addition of 55 square feet to an existing single-family residence does not interfere with the public's right of access to the sea and the residentially designated site is not suitable for use as public recreation. Furthermore, public access to the beach is available immediately to the south of the project site. 3. The proposed development will have no adverse effect on coastal resources, in that the site is already developed with a single-family home. Additionally, the project is located in an area that is already disturbed and therefore will not have an adverse effect on coastal resources. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 14-09/NCP 14-04-TOMMY DEAN ADDITION 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that consistent with the Mello II Land Use and Zoning designation of RH and R-3, respectively, the site is developed with a single-family residence and the project consists of adding 55 square feet by enclosing an existing covered deck located near the front (landward side) of the home which conforms to all applicable zoning standards, including the stringline set back. In addition, no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite. Further, as no vertical improvements are proposed in the side-yard setbacks, the project does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Ma$ter Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Plan (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. The project will not impact the existing coastal bluff. Otherwise, no other steep slope or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction due to the existing "rip-rap" slope protection. 6. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that ocean views will be preserved to the maximum extent feasible as the project complies with the side yard setback requirements. In addition, the project adheres to all coastal "stringline" setback requirements, specifically with respect to the adjacent development to the north and south, no grading is required, and all natural features will be preserved to the maximum extent feasible. 7. That the request for a minor coastal development permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. Nonconforming Construction Permit Findings (NCP 14-04) 8. The expansion of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the existing property is currently developed with a single-family home consistent with the R-3 zone (with the exception of the building height which is nonconforming) and is surrounded by single-family and multi-family residences of similar size to the north, south and east, most of which have a second story.; In addition, the proposed project addition complies with all current Planning, Building and Engineering standards. 9. The area of expansion shall comply with all current requirements and development standards ofthe zone in which it is located in that the new addition complies with current side setback requirements, and all other development standards such as building height and lot coverage. 10. The expansion structure shall comply with ail current fire protection and building codes and regulations contained in Titles 17 and 18 in that a building permit issued by the City of Carlsbad is required for the project and the building plans will be reviewed for consistency with applicable CDP 14-09/NCP 14-04 - TOMMY DEAN ADDITION July 23, 2014 Page 3 fire protection and building codes. Furthermore, the project will undergo standard building inspection procedures during the construction of the addition. 11. The expansion would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character ofthe neighborhood in which it is located in that the proposed remodel will enhance the existing architecture and will create a more desirable, functional living space. Furthermore, the second story addition is comparable in size and height to other existing second stories in the vicinity of the project site. Therefore, the proposed project will not adversely impact the character of the surrounding neighborhood. 12. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(e) - Existing Facilities of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 13. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions; 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit (CDP 14-09), and Nonconforming Construction Permit, NCP 14-04, for the project entitled Tommy Dean Addition (Exhibits "A" - "D"), dated July 23, 2014, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Coastal Development Permit and Nonconforming Construction Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit and Nonconforming Construction Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition CDP 14-09/NCP 14-04-TOMMY DEAN ADDITION July 23, 2014 Page 4 is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit and Nonconforming Construction Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation ofthe facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. This approval shall become null and void if building permits are not issued for this project withiri 24 months from the date of project approval. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 9. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit and Nonconforming Construction Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoriing Ordinance and all other applicable City ordinances in effect at time of building permit issuarice, except as otherwise specifically provided herein. Engineering: 11. Applicant/owner 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. Applicant/ owner shall notify prospective owners and/or tenants of the above requirements. CDP 14-09/NCP 14-04 - TOMMY DEAN ADDITION July 23, 2014 Page 5 NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $651.00 plus notice fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. Ifyou have any questions regarding this matter, please feel free to contact Shannon Werneke at (760) 602-4629. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:gf:fn c: Tommy Dean, 4517 Adams Street, Carlsbad, CA 92008 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry California Coastal Commission (NoFA) r CARLSBAD "LE COPY Community & Economic Development www.carlsbadca.gov July 8, 2014 Barry Smith 308 Industrial Way Fallbrook, CA 92028 SUBJECT: 2nd REVIEW FOR CDP 14-09/NCP 14-04 - TOMMY DEAN ADDITION REVISION LETTER The items requested from you earlier to make your Coastal Development Permit and Nonconforming Construction Permit, appiication nos. CDP 14-09/NCP 14-04 complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. At this time, the City asks that you provide three complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as foliows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:fn C: Tommy Dean, 4517 Adams Street, Carlsbad, CA 92008 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Greg Ryan, Fire Prevention Michele 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. As shown on Sheet 5, the proposed staircase located on the main level expands into the existing two car garage. Pursuant to Section 21.44.060 of the Carlsbad Municipal Code, a one-family dwelling must provide a two car garage with a minimum interior dimension of 20 feet by 20 feet; or two one-car garages with interior dimensions of 12 feet by 20 feet. Please revise the plans so that the residence maintains a two car garage with the minimum interior dimensions. As a suggestion, the garage could be expanded easterly towards the front property line as long as the proposed building addition(s) comply with the development standards for the R-3 Zone. The minimum front yard setback required by the R-3 Zone (Multiple-Family Residential Zone, Chapter 21.16) is 20 feet as measured from the property line. 2. The Coastal Development Permit would remain minor with the City Planner having the authority to approve or deny the permit so long as the valuation of the development costs less than sixty thousand dollars. FILE COPY Community & Economic Development www.carlsbadca.gov CARLSBAD July 2, 2014 Barry Smith 308 Industrial Way Fallbrook, CA 92028 SUBJECT: 2nd REVIEW FOR CDP 14-09/NCP 14-04 - TOMMY DEAN ADDITION The items requested from you earlier to make your Coastal Development Permit and Nonconforming Construction Permit, application nos. CDP 14-09/NCP 14-04 complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date ofthis communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Fire Inspections, at (760) 602-4661. Sincerely, /I CHRIS DeCERBO Principal Planner CD:GF:bd c: Tommy Dean, 4517 Adams Street, Carisbad, CA 92008 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planninq Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® «>CAkLSBAD "LE COPY Community & Economic Development www.carlsbadca.gov May 29, 2014 Barry Smith 308 Industrial Way Fallbrook, CA 92028 SUBJECT: 1st REVIEW FOR CDP 14-09 - TOMMY DEAN ADDITION Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Coastal Development Permit, application no. CDP 14-09, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, April 30, 2014, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steven Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Fire Inspections, at (760) 602-4661. Sincerely, :HRIS DeCERBO Principal Planner CD:GF:bd Attachments: Form P-28, Wet bar definition c: Tommy Dean, 4S17 Adams Street, Carlsbad, CA 92008 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Prmcipal Planner Michele 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 \^T CDP 14-09 -JOMMY DEAN ADTTlTION iy2l2r LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please submit to the Planning Front Counter staff an application and fee for a Nonconforming Construction Permit (Form P-28). The applicability of this application is explained under issues item No. 1 below. A copy ofthe application checklist has been provided for your convenience. ISSUES OF CONCERN Planning: 1. The existing residence is considered a "nonconforming residential structure" as it exceeds the current maximum building height limit pursuant to Section 21.82.050 (see issues No. 2 below). Pursuant to Section 21.04.275 of the CMC (Definitions), a "nonconforming structure" means a structure, or portion thereof, which was lawfully erected or altered and maintained, but which, because ofthe application ofthis title (Title 21), no longer conforms to the current requirements and development standards of the zone in which it is located. For this reason, the proposed project requires the processing and approval of a Nonconforming Construction Permit (Form P- 28) in addition to the issuance of all required discretionary and building permits (see incomplete item No. 1 above). If approved, the Nonconforming Construction Permit would allow a "nonconforming residential structure" to expand, so as to occupy a greater area of land or add more floor area. However, the area of expansion must comply with all current development standards including, but not limited to, setbacks, lot coverage and building height limitations. As discussed in issues item No. 2 below, a portion of the living area additions do not comply with the maximum height limitations. Please either eliminate that portion of the project that exceeds the maximum height limit or redesign the project so that the new additions comply with ail ofthe current development standards including building height. 2. The proposed westerly living area addition exceeds the maximum building height limit. Pursuant to Section 21.82.050 of the C.M.C, no newly constructed, reconstructed, altered or enlarged residential structure within the beach area overlay zone shall exceed thirty feet if a minimum 3/12 roof pitch is provided or twenty four feet if less than a 3/12 roof pitch is provided. The 75 square foot deck addition located near the middle of the residence exceeds the maximum 24 foot height limit for a roof pitch less than 3/12. 3. The mailing labels provided with the application do not appear to be accurate. Please confirm the tax billing address for each property as only physical addresses for each property were provided. Example: Physical address: 2685 Ocean Street, Carlsbad, CA 92008, Tax Billing address per public records: 1565 Hillcrest Avenue, Glendale, CA 91202. Please call staff if you have any questions regarding the mailing labels. 4. The project proposes a "wet bar" as shown on the lower level ftoor plan and therefore must comply with the requirements/restrictions listed in Section 21.04.378.1 ofthe CMC (definition of a wet bar). As proposed, the wet bar area does not appear to comply with Section 21.04.378.1. Please provide the following information and/or make the following corrections on the plans so that the proposed wet bar complies with the City's definition: \^T CDP 14-09 - TOMMY DEAN ADDITION May 29, 2014 Page 3 a) Make a note on the plans that no gas lines are provided and electrical wiring will not exceed 100 volts; b) Show the refrigerator not to exceed six cubic feet in capacity or rough-in space for a refrigerator not to exceed six cubic feet in capacity, (the typical dimensions of which are: 1. Depth of twenty-five inches; 2. Height of thirty-five inches; and 3. Width of twenty-five inches); c) Make a note on the plans that the waste line drain for the sink will not exceed 1 Yz inches in diameter, and show a sink or rough-in space for a sink not to exceed a depth of 18 inches or an overall size of two square feet; and d) Show proposed cabinetry and/or counter space not to exceed eight lineal feet. A copy ofthe City's "wet bar" definition has been provided for your convenience. 5. Please provide the City's assigned project number (CDP 14-09) on the upper-right hand portion ofthe plans on the next submittal. Engineering: 1. Contact Carlsbad Fire Prevention Services regarding fire protection measures required to serve the project.