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HomeMy WebLinkAboutCDP 14-35; Kunkel Residence; Coastal Development Permit (CDP)Cecity 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 Permits Coastal Development Permit (*) ^ Minor I I Conditional Use Permit (*) r~l Minor CU Extension I I Day Care (Large) I I Environmental Impact Assessment I I Habitat Management Permit O Minor I I Hillside Development Permit (*) O Minor I I Nonconforming Construction Permit I I Planned Development Permit C2 Minor I I Residential [U Non-Residential I I Planning Commission Determination I I Site Development Plan \Z1 Minor I I Special Use Permit I I Tentative Parcel Map (Minor Subdivision) I I Tentative Tract Map (Major Subdivision) I I Variance dl Minor (FOR DEPT. USE ONLY) Legislative Permits CU General Plan Amendment (FOR DEPT. USE ONLY) dOP I I Local Coastal Program Amendment (*) I I Master Plan Q Amendment I I Specific Plan O Amendment n Zone Change (*) • Zone Code Amendment South Carlsbad Coastal Review Area Permits n Review Permit I I Administrative O Minor D Major Village Review Area Permits I I Review Permit I I Administrative O Minor D Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMnTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: - \Ao- 3 5- OO BRIEF DESCRIPTION OF PROJECT: M?P fg?/^ tO ( ^Js t3l2)tM $> BRIEF LEGAL DESCRIPTION: U(g> T , ^UK H^,^^ t/5rf^JO ^ . HM^ 4 C/MOag)?^ LOCATION OF PROJECT: ON THE: BETWEEN (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) SIDE OF AND STREET ADDRESS (NAME OF STREET) (NAME OF STREET) OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 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. ^-j SIGNATURE DATE 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. —S) SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: ZMl. D CITY. STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 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 IISWNTEREST. HE LAND AND BIND ANY SUCCESSORS 1^1 PtROPERTY OWNER SIGlCi\TURE FOR CITY USE ONLY DEC 11 ^O^'^ DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 6 Revised 11/12 Ccity of Carlsbad PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: APPLICANT NAME: E-W «UM|<.g^U 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: 1 ADD (2) BAY WINDOWS 2 ADD CANOPY OVER ENTRY DOOR 3 REPLACE DAMAGED DOORS, WINDOWS 4 REMOVE SKY LIGHT/ WINDOW COMBINATION ADD NEW WINDOW P-1(B) Page 1 of 1 Revised 07/10 C Development Services City of DISCLOSURE STATEMENT Planning DIVISIOI. Carlsbad P--«W ''''T^lSZl vvww.carisbadca.gov Appibant's Statement or disclosure of certain owmershtp Interns on all applications which will require discr^nary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as 'Any incfividual, firm, copartnership, joint venture^ association, social citd}, fratanDai organiza£on» corporal, estate, mist, receivef, syrKficste, in tfila and any other coimty. city and county, city municipality, district or other politicetf subdtvi^ciii or any other gn3up or combination acting as a unit* i^ents may sign MB documwit; however, the ieg# name and entity of the appBcant and property owner must be pmviti«l b^owi 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 conaoration Of partnership. include the names, titles, addresses of ail individuals owning more ttian 10% of ttre 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 conaoration. 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. 2. OWNER (Not the owner's agent) Provide the COMPLETC. 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 conooration or partnershto. 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.) , , Address^2AcS^ D CICJJU^ ^^^Tftr^ddress P-1 (A) Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person Identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person sen/ing as an officer or director of the non- profit organization or as trustee or benefiqiary Qf the. tteff#i=ofitrrrust fvIonPront/Trust Title LV —Title Address "^J 0 C^At^ • Address 4, Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees anchor Council within tlie past twelve (12) months? i i Yes 'f y^. please indicate person(s):. NOTC: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signati/re j>f owner/date Signature of applicant date Print or tyeJB name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P.1(A) Page 2 of 2 f=teviaed OT/IO MINOR „ , , c . K ^. ^ r>niACTAi r\c\ict r\B*in=Ki-rnw=BWMiTi Development Services if ritv nf COASTAL DEVELOPMENT PERMIT/ . ^. .. V^H'^y QiMrji P PAiuilLY RESIDENCE ^"'"^ JCATION P-6 www.carlsbadca.gov r^kK^lH ^"^^"-^ RESIDENCE leBsTa^TayTveTue i^aJlSuaa APPLICATION (yeo 602-4610 A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. => New Residential Square Footage: square feet x $ Isq. ft. = $ ^^^^^ => Residential Addition Square Footage: square feet x $ Isq. ft. = $ MOM€: => Any Garage Square Footage: square feet x $ Isq. ft. = $ KOK£ => Residential Conversion Square Footage: '^t 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.) square feet x $ Isq. ft. = $ COST OF DEVELOPMENT ESTIIWATE: $ ^c^, OOO. 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) O C. Street address of proposed development P-6 Page 1 of 6 Revised 08/13 D' Assessor's Parcel Number of proposed development E« Development Description: Briefly describe project: ^^"i tuiKJQOiA^ A-OD(T(0M Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: South: East: West: G. Is project located within a 100-year flood plain? Q Yes Ml No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? |21 Yes • No If yes, please describe. B. Will any existing structure be removed/demolished? |^ Yes Q No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). FierM-QV/e io'-co^3'-o LTT/QQ^A) III. LOT COVERAGE A. Existing and Proposed Existing Proposed Total Building Coverage 1,1 '^o' sq. ft. O sq. ft. 11 sq. ft. 3or 4 % Landscaped Area "^^1 sq. ft. O sq. ft. 33 7 sq. ft. 9 % HardscapeArea ZlT^ sq.ft. O sq. ft. '2.Z13 sq.ft. _^£i^% Unimproved Area (Left Natural) O sq.ft. O sq. ft. O sq. ft. __£__% B. Parking: Number of existing spaces %_ Number of new spaces proposed 0_ Existing/Proposed TOTAL: %_ 2)15(> loo Number of total spaces required Number of covered spaces (_ Number of uncovered spaces (_ Number of standard spaces % p-6 Page 2 of 6 Revised 08/13 Number of compact spaces 0_ Is tandem parking existing? • Yes # M No Is tandem parking proposed? • Yes # H^No Grade Alteration: Is any grading proposed? [D Yes 0vNo If yes, please complete the following: 1. Amount of cut cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope feet 5. Amount of import or export cu. yds. 6. Location of borrow or disposal site p-6 Page 3 of 6 Revised 08/13 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 (AH required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN - Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. GENERAL INFORMATION 0a. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. 0b. Location, size and use of all easements. 0c. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. 0d. Distance between buildings and/or structures. 0e. Building setbacks (front, rear and sides). 0f. Location, height and materials of walls and fences. 0g- Dimensions/location of signs. •h. A summary table of the following (if applicable to the application): 0(1) Street address and assessor's parcel number. 0(2) Site acreage. 0(3) Existing Zone and Land Use Designation. 2f(4) Proposed land use. e(5) Total building coverage (in square feet and as a percent). (6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). 01. Al 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 determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: •l. Approximate contours at 1' inten/als 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). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. •4. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. 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. 06. 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 08/13 C City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 vvww.carisbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. I I The development project and any alternatives proposed in this application grg contained on the lists compiled pursuant to Section 65962.5 of the State Government Coda. APPLICANT Name: BMO^ BFhf^^f^m Address: 13 Zi ^mATp^at) PROPERTY OWNER Name: KUMKBU Address: ^-(gS^ OO^^ 5 . Phone Number ^SB" 1 S£"~fc»50^ Phone Number: Tfo&- 5" f 4 "74 "2.S Address of Site: 2>fe>B^ QC^^i ^T- Local Agency (City and County):. Assessor's book, page, and parcel number:. Specify list(s): Regulatory Identification Numben_ Date of List: ApptiKant Sigrwture/Date Property The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing infomiation about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 Ccityof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca .gov If!*; To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Pennanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2). 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 stonn 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 Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the 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 detennining 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 t>e submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with 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 pnonty 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 stonn 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 POP 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 Ccityof (j]arlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov STEP 2 TO BE COMPLETED FOR ALL 1«IEWOR REDeVELOPMENTI>»0JECT5 To detemriine 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 includes 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. \/ 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. •y 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 paric/ng 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 surfece 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. y 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 overiand a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingles with flows from adjacent lands).* V 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 following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. \./ 10. Is your project a new or redevelopment project that results in the 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%? If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore sub implementing structural Best Management Practices (BMP's) in addition to implementing Standard Stonn Water Requirement as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted wit application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end < questionnaire, check the "my project meets POP requirements" box and complete applicant information. ect to 3 such 1 your >f this If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects. A Stomi 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 Ccityof Isbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov 31 PROJECTS THAT ARE PRtORFIY MVCLOPEMEMT PftOJECTS.ONLY YES Complete the questions below regarding your redevelopment prqect: 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 POP 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. •, ( . , STEPiJ CWCK THE APPROPRIATE BOX AND COMPLETE APPLICANT I • My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stomiwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may 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: -^fog^^ OOG^J ^T- Applicant Name Accessor's Parcel Numt)er(s): Applicant Title: r Date: I L. -10-14- This Box for City Use Only City Concurrence: YES NO By: Date: Project ID: * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under 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 CLTA Preliminary Report Form (Rev. 11/06) Order Number: DIV-4755245 Page Number: 1 Updated First American Title First American Title Company 3131 Camino dei Rio North Suite 190 San Diego, CA 92108 Customer Reference: Order Number: DIV-4755245 (04) Title Officer: Phone: Fax No.: E-Mail: Property: Korey Mulvey (619)231-4670 (877)648-8386 titleunit4@firstam.com 2689 Ocean Street Carlsbad, CA 92008 PRELIMINARY REPORT In response to the atiove referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance desaibing 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 refen-ed to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risl<s of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less Wan that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A 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 ail liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title Insurance, a Binder or Commitment should be requested. First American Title Page 1 of 13 Order Number: DIV-4755245 Page Number: 2 Dated as of November 06, 2014 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage Is desired. Title to said estate or interest at the date hereof is vested in: EVELYN N. KUNKEL, TRUSTEE, EVELYN N. KUNKEL REVOCABLE TRUST DATED AUGUST 2, 2011, SUBJECT TO ITEM NO. 12 The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1,566.93, OPEN Penalty: $0.00 Second Installment: $1,566.93, OPEN Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 203-140-35-00 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Covenants, conditions, restrictions and easements in the document recorded May 15, 1974 as INSTRUMENT NO. 74-126864 of Official Records, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender Identity, gender expression, source of income (as defined In California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 4. The terms and provisions contained in the document entitied "A FUTURE IMPROVEMENT AGREEMENT" recorded JUNE 10, 1974 as INSTRUMENT NO. 74-152822 of Official Records. First American Title Page 2 of 13 Order Number: DIV-4755245 Page Number: 3 5. An easement for EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS and incidental purposes in the document recorded November 13, 1974 as INSTRUMENT NO. 74-300208 of Official Records. 6. The terms and provisions contained in the document entitled "DEED RESTRICTION" recorded September 19, 1990 as INSTRUMENT NO. 90-512337 of Official Records. 7. The terms and provisions contained in the document entitied "CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS" recorded November 20, 1990 as INSTRUMENT NO. 90-626028 of Official Records. 8. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 9. Any claim that any portion of the land is below the ordinary high water mark where it was located prior to any artificial or avulsive changes in the location of the shoreline or riverbank. 10. Any rights, interests, or easements in favor of the public, which exist or are claimed to exist over any portion of said land covered by water, including a public right of access to the water. 11. Any claim that any portion of the land is or was formerly tidelands or submerged lands. Prior to the issuance of any policy of title insurance, the Company will require: 12. With respect to EVELYN N. KUNKEL, TRUSTEE, J. RICHARD KUNKEL TRUST DATED 7/7/98 : a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Title Page 3 of 13 Order Number: DIV-4755245 Page Number: 4 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 2689 OCEAN STREET, CARLSBAD, CA. 2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded October 31, 2014 as INSTRUMENT NO. 14-475050 of Official Records. From: J. RICHARD KUNKEL To: EVELYN N. KUNKEL, AS TRUSTEE OF THE J. RICHARD TRUST DATED 7/7/98 A document recorded October 31, 2014 as INSTRUMENT NO. 14-475052 of Official Records. From: EVELYN N. KUNKEL, TRUSTEE, J. RICHARD KUNKEL TRUST DATED 7/7/98 To: EVELYN N. KUNKEL, TRUSTEE, EVELYN N. KUNKEL REVOCABLE TRUST DATED AUGUST 2, 2011 3. We find no open deeds of trust. Escrow please confirm before closing. NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Titie except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the titie insurance policy, if any, to which this map is attached. First American Title Page 4 of 13 Order Number: DIV-4755245 Page Number: 5 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL OF LOT 26 IN BLOCK "A" OF HAYES LAND COMPANY ADDITION TO CARLSBAD, MAP NO. 2, 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 THEREFROM THE EASTERLY 5.00 FEET AS CONVEYED TO THE CITY OF CARLSBAD, FOR PUBLIC STREET PURPOSES, BY DEED RECORDED JUNE 10, 1974 AS FILE NO.74-152823. APN: 203-140-35-00 First American Titie Page 5 of 13 09 5i in ^ (Jj o OS/10/2014 DJS BLK OLD NEW CUT 140 10 07 4607 144 1 4.6 08 139 m u 15 CARLSBAD BLVD. GARFIELD J" u Q 96 195® Itor) 94 ®93 ©92 091 ©qn r© PM121 ®„ pi'"* 86 J75 ^760 lm.»*T j L .«9 I 770 78(5 790 800 > 810 ^2© 830 840 85Q •HI UJ I fHWY. 101) XI-SD-2B ST 1 ® (06 5 I © 144; PGR BLK 7 e © 1 0 ' © (J43> ? BLK 6 © (i : JI'DS'M 2.I2AC isirn I hi Z UJ cu I o ST 30,31 32.33 ® 34 35,36 203- SHT 1 •14 OF 2 X r=ioo' SEE OTHER CHANCE BOX e CHANGES BLK OtD'NiWjYR CUT zs "ii?*ta ?^ Ml icaz Ml ^ i7J no 3074 no 198 l+t /a 3I-3s|w. 2961 i« 3 '•f3 4(S r \si /{gg t40 /4/ 4766 1*1 Z»9 I40 31 «f!«» '*! 24. 3640 /*! /*! 615 me 2« 140 m 1*1 / 140 3 ?T OP 98 4756 140 3 ICONOO 99 523 140 140 11fc12 37 99 1879 140 140 301l]1 38 00 1030 533 5519 ^ 5595 140 140 140 140 37 ~» ajB as SV81B! CONDO SME * 00 1030 533 5519 ^ 5595 PACIFIC OCEAN SAN DIEGO COUNTY ASSESSOR^ MAP 900K 203 PAOE 14 ! THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY NOLIABIUTYIS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCaS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 15639 - CARLSBAD TCT NO 04-22 MAP 2037 - GRANVILLE PARK NO. 2 MAP 1221 - HAYES LAND CO. ADD. MAP N(l. 2 MAP 893 - OCEANSIDE ADD. TO CARLSBAD MAP 775(365.535) - TOWN OF CARLSBAD AMENDED ROS 11010,12348,13586,18012,18958 21186 rcoNOO THE NETHERUNDS 00019620216020 (SEESHT2I 2* CONDO PUESTADELSOL DOC1986O306613 (SEESHT2I 3- CONDO 2677 - 2679 OCEAN STREET •0019690176466 (SEESHT2} 4- CONDO SECBSOurr CONDOMINIUNS 00019964196383 (SEESHT2j 5* CONDO OCEAN STDEET CONDOMINIUMS DOC200(M297180 (SEESHT2) 6'PUBLIC ACCESS z z c c 3 3 cr O" (II Ul Order Number: DIV-4755245 Page Number: 7 NOTICE Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title Page 7 of 13 Order Number: DIV-4755245 Page Number: 8 WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub-Escrow Deposits San Diego County, California PAYABLE TO: First American Title Company BANK: First American Trust, FSB ADDRESS: 5 First American Way, Santa Ana, CA 92707 ACCOUNT NO: 3008270000 ROUTING NUI^^BER: 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: 2689 Ocean Street, Carlsbad, CA 92008 FILE NUIMBER: DIV-4755245 (04) ATTENTION: Korey Mulvey PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American Titie Company. FUNDS |W|UST BE WIRED FROI^ A BANK WITHIN THE UNITED STATES. PLEASE NOTIFY Korey l^ulvey AT (619)231- 4670 OR lcmuivey@firstam.eom WHEN YOU HAVE TRANSMITTED YOUR WIRE. IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK. ADDITIONAL CHARGES MAY APPLY. PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS. AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE AND REOUIRES ADDITIONAL TIME FOR CLEARANCE. FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR PROPERTY REFERENCE ARE NOT INCLUDED With cyber crimes on the increase, it is important to be ever vigilant. If you receive an e-mail or any other communication that appears to be generated from a First American employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. Our bank wire instructions seldom change. First American Title Page 8 of 13 Order Number: DIV-4755245 Page Number: 9 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to tfie 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; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15,16, 18, 19, 20, 23 or 27. 2. The failure of Your existing 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 desaibed in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal banknjptcy, state Insolvency, or similar aeditors' 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 Uability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POUCY (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: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: First American Title Page 9 of 13 Order Number: DIV-4755245 Page Number: 10 (a) a notice of exercising the right appears in the public records on the Policy Date (b) 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: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date - unless they appeared in the public records (c) that result in no loss to you (d) 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: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) 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 POUCY (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 lay reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (ill) 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 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 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. 6. Any daim, 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. 7. 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 Insured Mortgage in the Public 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: EXCEPnONS 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 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 First American Title Page 10 of 13 Order Number: DIV-4755245 Page Numt>er: 11 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 Tide 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, daims 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 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; (11) the character, dimensions, or location of any improvement erected on the Land; (ill) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exdusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exdusion 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 Reconjs at Date of Policy, but Known to the Insured Qaimant and not disdosed in vmting to the Company by the Insured Claimant prior to the date the Insured Claimant t)ecame an Insured under this policy; (c) resulting in no loss or damage to the Insured Qaimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 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 daim, 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 Public 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 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 p>ersons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any enaoachment, encumbrance, violation, variation, or adverse drcumstance affecting the Title that would be disdosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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. First American Title Page 11 of 13 Order Number: DIV-4755245 Page Number: 12 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) 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 Exdusion 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 Exdusion 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 Policy, but Known to the Insured Qaimant and not disdosed in writing to the Company by the Insured Qaimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Qaimant; (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 lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction 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 daim 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 Exdusion 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 structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any daim, 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. First American Title Page 12 of 13 Order Number: DIV-4755245 Page Number: 13 Hrst American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such Infbmnation - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as infbrmatk>n obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines Its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, fomis and in otiier communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such infomiation indefinitely, including the period after which any customer relationship has ceased. Such information may be useid for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies include financial service provklers, such as title insurers, property and casualty Insurers, and trust and Investment advisory companies, or companies Involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, vre may also provide all Itie information vre collect, as descritied above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even If you are no kxiger our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure tiiat no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entitles who need to know that Information to provkje products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, elertronic, and procedural safeguards that comply with federal regulations to guard your nonpublk: personal information. Information Obtained Through Our Web Site Rrst American Financial Corporation is sensitive to privacy Issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet In general, you can visit Hrst American or its affiliates' Web sites on the Worid Wk)e Web without telling us who you are or revealing any information about yourself. Our Web sen/ers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar infomnation. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal informatton. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships Hrst Amerk^n Financial Corporatron's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technotogy to measure site activity and to customize Information to your personal tastes. A cookie Is an element of data that a Web site can send to your browser, which may then store the cxwkie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and pnxlucbve Web site experience. Fair Information Values Fairness We conskJer consumer expectatkxis about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer tienefits and consumer privacy. Public Record We believe that an open public record aeates significant value for society, enhances consumer choice and aeates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Wliere possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate informatton, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair infonnatk>n values and on the responsible collection and use of data. We will encourage others in our industry to collect and use Information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 Rrst American Financial Corporation) First American Title Page 13 of 13 •cARLSBAD FILE Community & Economic Development www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION February 23, 2015 Endre Bartanyi, AIA 1321 Statford Court Del Mar, CA 92014 RE: CDP 14-35 - KUNKEL RESIDENCE The City Planner has completed a review of your application for a Minor Coastal Development Permit to allow the following improvements: add (2) new bay windows to the 2"'' and 3"* floors along the northern elevation; add a canopy over the entry door; replace damaged doors and windows; remove skylight and add a new window; remove column (west elevation); extend 3"* floor balcony (landward) facing Ocean Street by 18 inches; and add new "open design" gates within the side yards to an existing single-family home located at 2689 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 January 19, 2015. It is the City Planner's determination that the project CDP 14-35 - KUNKEL RESIDENCE, is consistent with the City's applicable Coastal Development Regulations (Chapters 21.201 - 21.205), and with all other applicable City ordinances and policies and that the findings required for granting a Minor Coastal Development Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings 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 minor Improvements described above 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. 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 minor improvements described above conform to all applicable zoning standards, including the stringline setback. In addition, no agricultural activities, sensitive resources, geological instability, flood hazard or vertical ^ Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © C\1'Y Of CARLSBAD pt.J'NNING oNISION '\635 FI'Rf>..OA'i p..'I/ENUE cARl..saAO. C"-gzoos-7314 j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j .• w .. IS 1, 2, and 3. Also complete _ .. , 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 2. Article Number D. Is delivety address different from item If YES, enter delivety address below: 0 No 3. Service Type Mcertified Mail® ~ d Registered 0 Insured Mail 0 Priority Mail Express'" 0 Return Receipt for Merchandise 0 Collect on (Transfer from service label) 7003 2260 0003 3101 5995" P,S Form 3811, July 2013 Domestic Return Receipt 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IIIII I CARLSBAD PLANNING DEPARTMENT 1635 FARADAY AVD<UE CARLSBAD, CA 92008-/.fl 4 f l 1llllltl' ., if II I !l' fl I Ill.' !IIIII' HI iJ I I• II,,, J IJ!l' IJ; Ill, I. Postage o.. , ~­USPS Permit No. G-10 j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j I j j • y -·"' .. ems 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. 11 Print your name and address on the reverse so that we can return the card to you. 11 Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 '-.~~/ ..-· ~ OAgent 0 Addressee 8. Rtrt!~ 1:7~~~~z~e~. D. 1l!deliVefY address different from lterh 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ~Certified Mail® 0 Priority Mall Express"' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delive~ 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (11-ansfer from service label) 7013 2630 DODO 2714 7643 PS Form 3811, July 2013 Domestic Return Receipt 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Lr1 a-a- Lrl~~~~~~~~ .-"! D r-"1 ~-----~-----r--~~~----c---~~--------~ rn Certified Fee rn ..,.-==-----o CALIFORNIA COASTAL COMMISSION ::2 SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 UNKEL RESIDENCE 015 coastal access opportunities exist onsite. Further, the vertical improvements (gates) proposed within the side-yard setbacic is of an "open design" so that 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 Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Plan (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. The project will not impact the existing coastal bluff. Otherwise, no other steep slope or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction due to the existing "rip-rap" slope protection. 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 setbacic 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. 8. 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. 9. 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 14-35), for the project entitled Kunkel Residence (Exhibits "A" - "D"), dated February 23, 2015, 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. CDP 14-35 - KUNKEL RESIDENCE February 23, 2015 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of taw. 6. Developer/Operator shall and does hereby agree to indemnify, protert, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or 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 within 24 months from the date of project approval. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 9. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. CDP 14-35 - KUNKEL RESIDENCE February 23, 2015 Page4 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. 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. If you have any questions regarding this matter, please feel free to contact Greg Fisher 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:bd Evy Kuiikel, 2689 Ocean Street, Carlsbad, CA 92008 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry California Coastal Commission (NoFA) FILff C City of Carlsbad NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for thf project has been acted upon. SENT TO COASTAL COMMISSION VIA CERTIFIED MAIL ON March 10. 2015 Application #: CDP 14-35 Decision Date: February 23. 2015 Case Name: Kunkel Residence Agent (if different): N/A Applicant: Endre Bartanyi, AIA Address: N/A Address: 1321 Stratford Court. Del Mar. CA 92014 Phone: N/A Phone: (858) 755-6005 Project Description: Approval of a Coastal Deyelopment Permit to allow the following improyements: add (2) new bay windows to the 2"'' and 3^'' floors along the northern elevation: add a canopy over the entry door; replace damaged doors and windows: remove skylight and add a new window: remove column (west elevation); extend 3^'' floor balcony (landward) facing Ocean Street by 18 inches: and add new "open design" gates within the side yards to an existing single-family home. Project Location: 2689 Ocean Street. Carlsbad. CA 92008 ACTION: • APPROVED lEI APPROVED WITH CONDITIONS • DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: • NOT APPEALABLE TO THE COASTAL COMMISSION. 1^ 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 (519) 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 ! 760-602-8560 fax QFIL? Ccityof Carlsbad ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION DATE: January 8, 2015 APPLICATION NUMBER AND NAME: CDP 14-35 - KUNKEL RESIDENCE PROJECT DESCRIPTION: The project consists of minor modifications to an existing residential home located along the seaward side of Ocean Street. Scope of work includes: Add (2) new bay windows (2"'' and 3'^'' floors) along north elevation; add canopy over entry door; replace damaged doors and windows; remove skylight and add new window; remove furred column; extend 3'^'^ floor balcony (landward) that faces Ocean Street by 18 inches; add new "open design" gates within side yards. LOCATION: 2689 Ocean Street, Carlsbad, CA 92008 APN: 203-140-35-00 The proposed development is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will only be held upon written request, within 10 calendar days from the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The City Planner will determine this application 10 calendar days after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Greg Fisher, at the City of Carlsbad Planning Division, (760) 602-4629, 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 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax 203 140 10 00 hfUBER 12-03-07 2649 OCEAN ST CARLSBAD CA 92008 203 140 13 00 JACK PHILLIPS 2667 OCEAN ST CARLSBAD CA 92008 203 140 20 00 NANCY JOHNSON PO BOX 328 CARPINTERIACA 93014 203 140 23 00 MICHAEL LOCKERMAN 2731 OCEAN ST CARLSBAD CA 92008 203 140 24 00 FRED HAVENS JR. 2139ARCHDALEST RIVERSIDE CA 92506 203 140 26 00 HAWTHORNE 03-10-89 1250 IDAHO AVE ESCONDIDO CA 92027 203 140 27 00 ROBERT PERSONAL RESIDENCE WAILES PO BOX 9920 RANCHO SANTA FE CA 92067 203 140 29 00 BENEDICT CARLSBAD 04-04-07 8357 TURTLE CREEK CIR LAS VEGAS NV 89113 203 140 32 00 2683 L PO BOX 793 RANCHO SANTA FE CA 92067 203 140 33 00 PATTON & K 05-22-95 28 W YALE LOOP IRVINE CA 92604 203 140 34 00 KLOSTERMAN 12-08-98 1565 HILLCRESTAVE GLENDALECA91202 203 140 35 00 J RICHARD KUNKEL UNIT 14-1043 508 W LOOKOUT DR RICHARDSON TX 75080 203 140 36 01 CHARLES MOONEY PO 80X315 LEXINGTON KY 40588 203 140 36 02 UlSCE LLC EAN SUITE 1500 50 S 6TH ST MINNEAPOLIS MN 55402 203 140 37 01 PALISOUL 06-20-97 2653 OCEAN ST CARLSBAD CA 92008 203 140 37 02 MARTIN & CYNTHIA BLAIR 2655 OCEAN ST CARLSBAD CA 92008 203 140 38 00 DEAN TOMMY 03-14-05 4517 ADAMS ST CARLSBAD CA 92008 203 141 06 00 ENDRE ALGOVER 1573 INDIAN SUMMER RD SAN MARCOS CA 92069 203 141 07 00 PATRICK BILLER 2728 YORK RD CARLSBAD CA 92010 203 141 08 00 CHRISTOPHER & CRISTA SWAN 2668 OCEAN ST CARLSBAD CA 92008 203 141 09 00 IRVING GORDON 2678 OCEAN ST CARLSBAD CA 92008 203 141 10 00 EDWARD BIXBY 7105 SANTA BARBARA ST CARLSBAD CA 92011 203 141 11 00 SIDUN MARIE 09-13-07 621 LAS FLORES DR SAN MARCOS CA 92078 203 141 14 00 EDWARD & CLAIRE KRUGER 2677 GARFIELD ST CARLSBAD CA 92008 203 141 15 00 OREILLY 09-01-06 2669 GARFIELD ST CARLSBAD CA 92008 203 141 16 00 FULLMER 11-10-99 2838 DENTRO DE LOMAS RD VISTA CA 92084 203 141 27 01 SCOTT BARTEL 2689 GARFIELD ST CARLSBAD CA 92008 203 141 27 02 2687 GARFIELD L L PO BOX 9920 RANCHO SANTA FE CA 92067 203 141 27 03 MCGRATH BARRY 1999 10-13-99 2685 GARFIELD ST CARLSBAD CA 92008 203 142 04 00 CITY OF CARLSBAD 258 BEECH AVE CARLSBAD CA 92008 203 143 07 00 ir MICHAELS-BY-THE-SEA EPISCOPAL CHURCH PO BOX 127 CARLSBAD CA 92018 203 144 03 00 CARLSBAD BEACH HOTEL PROPERTIES L L 10455 PACIFIC CENTER CT SAN DIEGO CA 92121 203 144 04 00 GOLDSTEIN 03-27-98 160 TAMARACK AVE CARLSBAD CA 92008 203 144 05 00 GOLDSTEIN 03-27-98 160 TAMARACK AVE^ CARLSBAD( 203 144 06 00 GOLDSTEIN 03-27-98 160 TAMARACK CARLSBAD.^fiHSoB 203 144 07 00 GOLDSTEIN 03-27-98 160 TAMARACK AVI CARLSBAJlfi«f«98&8 203 144 08 00 GOLDSTEIN 03-27-98 160 TAMARACK AVE^ CARLSBAD( 203 235 01 00 BELL PARTNERS 215 E BALL RD ANAHEIM CA 92805 203 235 02 00 CARLSBAD BEACH HOTEL PROPERTIES L L 10455 PACIFIC CENTER CT SAN DIEGO CA 92121 206 140 20 00 OCCUPANT 2727 OCEAN ST CARLSBAD CA 92008 203 140 20 00 OCCUPANT 2725 OCEAN ST CARLSBAD CA 92008 203 140 20 00 OCCUPANT 2723 OCEAN ST CARLSBAD CA 92008 203 140 26 00 OCCUPANT' 2681 OCEAN ST CARLSBAD CA 92008 203 140 29 00 OCCUPANT 2691 OCEAN ST CARLSBAD CA 92008 203 140 32 00 OCCUPANT 2683 OCEAN ST CARLSBAD CA 92008 203 140 33 00 OCCUPANT 2687 OCEAN ST CARLSBAD CA 92008 203 140 34 00 OCCUPANT 2685 OCEAN ST CARLSBAD CA 92008 203 140 35 00 OCCUPANT 2689 OCEAN ST CARLSBAD CA 92008 203 141 10 00 OCCUPANT 2680 OCEAN ST CARLSBAD CA 92008 203 141 11 00 OCCUPANT 2688 OCEAN ST CARLSBAD CA 92008 A notice has been mailed to all property owners/occupants listed herein. i ^ Date: 1 1/^ Signature state of California—Natural Resources Agency CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 2015 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2015 0233 STATE CLEARING HOUSE #(Happlicable) LEADAGENCY CITY QF CARLSBAD PLANNING DIVISION DATE 03/11/2015 COUNTY/STATEAGENCYOF FILING SAN DIEGO DOCUMENTNUMBER *20150233* PROJEGTTITLE CDP 14-35-KUNKEL RESIDENCE PROJECT APPLICANT NAME AIA ARCHITECT PHONENUMBER (858) 755-6005 PROJECTAPPLIGANT ADDRESS 1321 STF5ATFORD COURT CITY DEL MAR STATE CA ZIP CODE 92014 PROJECT APPLICANT (Check appropriate box): Q Local Public Agency Q School District • Other Special District • State Agency 12 Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report (EIR) $3,069.75 $ • Negative Declaration (ND)(MND) $2,210.00 $ Q Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ Q Projects Subject to Certified Regulatory Programs (CRP) $1,043.75 $ - (3 County Administrative Fee $50.00 $ $50.00 • Project that is exempt from fees 13 Notice of Exemption • CDFW No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit 12 Check • Other #0000005020 TOTAL RECEIVED $ $50.00 SIGNATURE X V Orendain TTTLE Deputy City of Ca 'sbad MAR 1 6 Z0'i5 Planning Division lllllllllllllllllllllllllllllllllllllllllllllll ORIGINAL - PROJECT APPLICANT COPY - CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG753.5a (Rev. 11/12) NOTICE OF EXEMPTION To: SD County Clerk From: CITY OF CARLSBAD 0 [L H © l-;mest .1 Dronentiura. .Ir. Recorder Count Attn: James Scott Planning Division 1600 Pacific Highw/ay, Suite 260 1635 Faraday Avenue MAR 1 1 2015 PO Box 121750 Carlsbad, CA 92008 San Diego, CA 92101 (760)602-4600 BY V. OfQIlOBi DEPUTY Subject: Filing of this Notice of Exemption is in compliance w/ith Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: CDP 14-35 - Kunkel Residence Project Location - Specific: 2689 Ocean Street Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Add (2) new bay windows to the 2"*^ and 3''^ floors along the northern elevation: add a canopy over the entry door: replace damaged doors and windows: remove skylight and add a new window; remove column (west elevation); extend B*"*^ floor balcony (landward) facing Ocean Street by 18 inches: and add new "open design" gates within the side yards to an existing single-family home located at 2689 Ocean Street. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Endre Bartanyi Name of Applicant: Endre Bartanyi. AIA Architect Applicant's Address: 1321 Stratford Court, Del Mar. CA 92014 Applicant's Telephone Number: (858) 755-6005 Exempt Status: {Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: Section 15301(e) - Existing Facilities Q Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) iect is exempt: Additions to an existing single family residence. Lead Agency Contact Person: Greg Fisher Telephone: (760) 602-4629 DON NEU, City Planner piLgp „^ y^E OFFICE OF THE COUNTY CLERK ^^^^ Date received for filing at OPR: San Diego County on HAR 1 | 2015 Posted HAR h !m Removed Returned to agency on ^ V. nrfindain R' vised 05/13 £#est J. Dronenburg, J]# COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 PO. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 337179420150311 Deputy: VORENDAI Location: COUNTY ADMINISTRATION BUILDING ll-Mar-2015 13:31 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 2015 0233 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents ^ • • fiUOP)' V CARLSBAD Community & Economic Development vvww.carlsbadca.gov January 22, 2015 Endre Bartanyi, AIA 1321 Stratford Court Del Mar, CA 92014 SUBJECT: CDP 14-35 - KUNKEL RESIDENCE - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption Section 15301(e) "Existing Facilities". No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Greg Fisher, at (760) 602-4629 or Greg.Fisher(5)carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner Sincerely, DN:GF:bd c: Chris DeCerbo Project Engineer File Copy Data Entry ^ Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CITV OF ^ CARLSBAD Memorandum December 22, 2014 To: Greg Fisher, Project Planner From: Steve Bobbett, Project Engineer Re: CDP 14-35 KUNKEL RESIDENCE Land Development Engineering has completed the first review of the above-referenced project for the application's completeness and for engineering issues of concern. The application and plans as submitted are complete as submitted. Land Development Engineering has no issues or comments regarding this application. If you or the applicant has any questions regarding the above, please contact Steve Bobbett at extension 2747. cc: File Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov <%c.Tvop a FILE VIcARLSBAD LJriLt Community & Economic Development www.carlsbadca.gov January 8, 2015 Endre Bartanyi, AIA 1321 Stratford Court Del Mar, CA 92014 SUBJECT: 1ST REVIEW FOR CDP 14-35 - KUNKEL RESIDENCE 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 14-35, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide two complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, 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: Gregory Ryan, Fire Inspections, at (760) 602-4661 Sincerely, CHRIS DeCERBO Principal Planner CD:GF:fn Evy Kunkel, 2689 Ocean Street, Carlsbad, CA 92008 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal 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 ® CDf 14231 - KUNKEL RESIDENCE *«4i4iryy2oi5 Page 2 ISSUES OF CONCERN Planning: 1. Please provide the City assigned project number (CDP 14-35) within the upper-right portion of the plans. 2. Please show the building materials for the proposed gates that are located within the side yards. The gates as shown on Sheet 3 must be of an "open design" so not to block views of the ocean pursuant to Section 21.204.100(c) of the Carlsbad Municipal Code. Please provide a separate fence/gate detail on the plans. 3. Please remove the decorative eave molding along the western (seaward) elevation so as to comply with Section 21.204.050(B) of the CMC. No decks or other appurtenances shall be permitted further seaward than those allowed by a line drawn between those on the adjacent structures to the north and south. 4. Please include all proposed work to the "scope of work" section on Sheet 1. Engineering: None.