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CDP 2018-0015; JAN RESIDENCE; Coastal Development Permit (CDP)
____________ r·"\1----------. ..... ; . (city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits [x] Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) I] Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) [x] Variance Ix] Minor (FOR DEPT. USE ONLY) Legislative Permits (:;.Ol"IA> l '1-00 I 5 LO('/.,o\ t-oo \.t, \J'l,-0 \ 1-ooo l D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Amendment D Specific Plan D Zone Change □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 2101151000 5464 Carlsbad Boulevard, Carlsbad, CA 92008 (STREET ADDRESS) Jan Residence Remodel Single family detached residential project $330,560.39 ESTIMATED COMPLETION DATE October 2018 Development No. ne..\) t{)\ ~.,,.001, s Lead Case No. cDPt.ot t-oo,s P-1 Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): Jill Jan & Kendrick Jan COMPANY NAME (if applicable): MAILING ADDRESS: 5464 Carlsbad Blvd, CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 619.994.9920 EMAIL ADDRESS: jffijan@hotmail.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AI.J.J;l,,leR+lED REPRESENTATIVE FOR PURPOSES OF THIS APPLICAT DATE' 1 APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): Jill Jan & Kendrick Jan COMPANY NAME (if applicable): MAILING ADDRESS: 5464 Carlsbad Blvd, CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 619.607.9750 EMAIL ADDRESS: .... k-en_d.,.r ... i-ck...,j .... a_n....,@ .... h_o..,.tm_a....,il ..... c-o_m ___ _ I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICANT'S REPRESENTATIVE (Print): Larry Lipkin ---'-_....._ _______________________ _ MAILING ADDRESS: 13607 Powers Road CITY, STATE, ZIP: Poway, CA 92064 TELEPHONE: -,8..,.5""'8 ..... 7 ..... 74-r_-.-1=95 .... ,..----------------------------- EMAIL ADDRESS: Wpkin6J ®gmail cam I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFO ATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWCs.1!mil!l-, t,.1(. 16 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 HI OPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY sue ESSOR IN INTEREST. / FEB 1 6 2018 . ',, DAT~ 's'rArJi'P ~1:>P1::fcA1r10N:~EcE1vED RECEIVED BY: P-1 Page 2 of6 Revised 03/17 ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 FEB 1 6 2018 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Kendrick Jan & Jill Jan Corp/Part. ___________ _ Title Title --------------------------Address 5464 Carlsbad Blvd., Carlsbad, CA 92008 Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Kendrick Jan & Jill Jan Title H&W JT w/Rights of Survivorship Address 5464 Carlsbad Blvd. Carlsbad, CA 92008 Corp/Part'-------------- Title _____________ _ Address ____________ _ Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust,________ Non Profit/Trust. _________ _ Title Title ___________ _ -------------- Address -----------Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l ✓I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I cert· that all the above information is true and correct to the best of my knowledge. Signature of applicant/date Kendrick Jan / Jill Jan Kendrick Jan / Jill Jan Print or type 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 Revised 07/10 ( City of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Jan Residence Remodel APPLICANT NAME: Jill Jan & Kendrick Jan Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Remodel of existing 1,608 sq. ft. one story residence with 585 sq. ft. garage to a 3,704 sq. ft. two story residence with attached 1,122 sq. ft. garage, and attached 593 sq. ft. ADU. (Note: This project application seeks a minor variance (coverage) to allow for addition of the ADU. Applicants are advised the City of Carlsbad requires we maintain the designed 20' wide garage at the front of the proposed building design, and the only practical means of maintaining the required garage and including an ADU is to construct the ADU as an attached unit at the northeast corner of the proposed remodel, which requires a minor variance (coverage) under Carlsbad Municipal Code§ 21.50.040A.l.a. The sought minor variance does not cause a violation of lot set back requirements, and is not inconsistent with neighboring property uses/ coverage.) P-1(8) Page 1 of 1 Revised 07/10 {city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) ..._,,, Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] 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. D The development project and any alternatives proposed in this application !!!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Jill Jan & Kendrick Jan Address: 5464 Carlsbad Blvd. Carlsbad, CA 92008 Phone Number: 619.994.9920/607 .9750 Address of Site: 5464 Carlsbad Blvd. PROPERTY OWNER Name: Jill & Kendrick Jan Address: 5464 Carlsbad Blvd. Carlsbad, CA 92008 Phone Number: 619.994.9920/607.9750 Local Agency (City and county): City of Carlsbad, County of San Diego, CA 92008 Assessor's book, page, and parcel number:_2_1_0_1_1_5_1_0_0_0 ____________ _ S .f 1. t( ) Hazardous Waste and Substances Site List at CA Dept. of Toxic Substances Control website peel y IS s : ___________________________ _ Regulatory Identification Number:_N_/ A ____________________ _ Date of List: Searched December 20, 2017 Applicant Signature/Date Prope The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. FEB l ~ 2018 P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): _______________________ _ General Information 1. Name of project: Jan Residence Remodel 2. Name of developer or project sponsor: Jill Jan & Kendrick Jan (homeowners) Address: 5464 Carlsbad Blvd. City, State, Zip Code: Carlsbad, CA 92008 Phone Number: 619.994.9920 / 619.607 .9750 3. Name of person to be contacted concerning this project: _L_a_r_ry_L_i_p_k_in ______ _ Address: 13607 Powers Road, Poway, California 92064 City, State, Zip Code: Poway, CA 92064 Phone Number: 858. 77 4.1957 4. Address of Project: 5464 Carlsbad Blvd., Carlsbad, CA 92008 5. 6. 7. 8. 9. Assessor's Parcel Number: 2101151000 --------------------- List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: California Coastal Commission, City of Carlsbad (building permit) R-4 Existing General Plan Land Use Designation: ______________ _ Existing zoning district: _R_-_1 ___________________ _ Existing land use(s): _r_e_s_id_e_n_t_ia_l ------------------ Proposed use of site (Project for which this form is filed): _r_e_s_id_e_n_t_ia_l ______ _ Project Description 10. Site size: 69' X 105' (7,245 sq. ft.) 11. Proposed Building square footage: 4,297 (residence & ADU), 1,122 (garage) 12: Number of floors of construction: _tw_o ________________ _ 13. Amount of off-street parking provided: _fo_u_r ______________ _ 14. Associated projects: _n_/_a ____________________ _ P-1(0) Page 2 of 4 Revised 07 /10 15. If residential, include the number of units and schedule of unit sizes: _________ _ 16. 17. 18. 19. P-1(0) main residence = 3,704 sf ADU= 593 sf garage -1 , 122 sf If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ n/a If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ n/a If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: n/a If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ A minor variance is sought, the building is >40% code standard, but S44% of permissible coverage. Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 □ roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belie~ Date ..,__I, 5" \ I{ Signature: ---r,73~ ~ \ \ .,.. . -- For: P-1(0) Page 4 of 4 Revised 07 /1 0 ATTACHMENT TO EIA INFORMATION FORM Pl(D) SUPPLEMENTAL ANSWERS 19. A minor variance under Carlsbad Municipal Code § 21.50.040.A.l.a (coverage) is sought in connection with the application. The requested variance is greater than the code standard of 40%, but within a permissible (minor variance) 44% of the square footage of the lot. 21. The maximum height of the proposed building remodel is 27'6". The second story addition would impact (i.e. reduce/partially obscure) the view from a free standing, elevated deck in the yard of a neighbor at 5491 Los Robles, Carlsbad, CA-to the east of the subject property. No other view is adversely affected. 32. The project is a 69' x 105' (7,245 sq. ft.) residential lot in Terramar. The building site is flat with stable earth. The property has no significant native or imported plant growth, and no animals are known to occupy the property. The property is on a residential stretch of Pacific Coast Highway known for its proximity to and view of the Pacific Ocean. The existing structure is a single-family 1,608 sq. ft. residence, with a 484 sq. ft. garage. 33. The project is located in Terramar, a Carlsbad residential neighborhood originally developed in the 1970s. Homes in the vicinity range from approximately 1,500 sq. ft. to approx. 10,000 sq. ft. The subject property is next/near to two undeveloped lots to the north, a large two-story SFR property directly to the south, and two single-story SFRs to the east. { Cicyof Carlsbad • Minor Variances • Variances VARIANCES P-4 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Variances granted by the City Planner are termed Minor Variances. Minor variances shall be limited to: 1. Modification of distance or area regulations, provided such modifications does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulation; 2. Modification of the minimum lot width regulation, provided such modification does not result in a lot width less than fifty (50) feet; 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; 5. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign height. All other variances will be heard by the Planning Commission and processed pursuant to Chapter 21.50 of the Carlsbad Municipal Code. NOTE: A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE The following materials shall be submitted for each variance application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN P-4 Required copies on 24" x 36" sheet(s): Minor permits: Four (4) copies Major permits: Seven (7) copies Ten ( 10) copies of the site plan shall be submitted by the applicant upon request of the project planner when the project is scheduled for review by the Planning Commission or City Council. Each site plan shall contain the following information: 1. GENERAL INFORMATION Da. Name and address of applicant, engineer and/or architect, etc. Ob. Location, size and use of all easements. De. Dimensions and locations of: access (pedestrian and vehicular}, service areas and points of ingress and egress, off-street parking and loading areas showing location, Page 1 of 4 Revised 03/17 C number and typical dimension of spaces, and wheel stops. 0d. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Location of freestanding signs. Oh. All applicable Fire Suppression Zones, as required by the City's Landscape manual. Di. A summary table of the following (if applicable): 0(1) Site acreage. 0(2) Existing Zone and General Plan Land Use Designation. 0(3) Proposed land use. 0(4) Total building coverage. 0(5) Building square footage. 0(6) Percent landscaping 0(7) Number of parking spaces 0(8) Square footage of open/recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). B. BUILDING ELEVATIONS AND FLOOR PLANS Required copies on 24" x 36" sheet(s): Minor permits: Four (4) copies Major permtis: Seven (7) copies Ten ( 10) copies of the site plan shall be submitted by the applicant upon request of the project planner when the project is scheduled for review by the Planning Commission or City Council. Each building elevation and floor plan shall include the following information: 1. GENERAL INFORMATION Da. Location and size of storage areas (if applicable). Indicate ceiling height or the height of the underside of the roof for all storage areas. Ob. All buildings, structures, walls and/or fences, signs and exterior lights. De. Indicate the Uniform Building Code occupancy classes at all building areas. 0d. Include the type of construction per the Uniform Building Code. C. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one ( 1) copy of a colored site plan and one ( 1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS DA. A completed Land Use Review Application Form. OB. Completed Variance Justification Form (attached). DC. Disclosure Statement. (Not required for tentative parcel maps.) OD. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). DE. Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determination (i.e. EIR, Negative Declaration or Exemption). OF. Signed "Hazardous Waste and Substance Statement" form. OG. Property Owners List and Addressed Labels P-4 1. A typewritten list of the names and addresses of all property owners within a 300 foot radius for a Minor Variance and 600 foot radius for a Variance of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Mailing Labels -two (2) separate sets of mailing labels of the property owners within a 300 Page 2 of 4 Revised 03/17 foot radius for a Minor Variance or 600 foot radius for a Variance of subject property and the applicable Homeowners Association (HOA). For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt#3 Carlsbad, CA 92008 3. 300 Foot Radius Map for a Minor Variance 600 Foot Radius Map for Variance ACCEPTABLE (with APN) 209-060-34-00 MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 A map to scale not less than 1" = 200' showing each lot within a 300 foot radius for a Minor Variance or 600 feet for a Variance of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the radius map. two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. P-4 Page 3 of 4 Revised 03/17 C JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain what special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: SEE A TT ACHED. 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: SEE A TT ACHED 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: SEE A TT ACHED 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: SEE ATTACHED 5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. SEE ATTACHED P-4 Page 4 of 4 Revised 03/17 PROPERTY: Address: APN: Brief Legal: 1. Q: JUSTIFICATION FOR VARIANCE (P-4) SUPPLEMENTAL RESPONSES 5464 Carlsbad Blvd., Carlsbad, CA 92008 2101151000 Lot 127 in Terramar Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3312 Explain what special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: A: The building on the subject property is a one-story, single family residence with the structure built out to the north-south setbacks, and the front of the house built out to the west set back. We are instructed it is necessary to maintain a 20' garage at the front of the structure. Therefore, we have designed the remodel to move the front of the garage to parallel with the front of the house -thU6 maintaining the required 20' wide garage -and have added a second story. Intending to build an affordable rental unit on the property, the proposed plans provide for construction of an ADU attached to the northeast corner of the current structure. CMC § 21.10.030 provides "the public good is served when there exists in a city housing which is appropriate for the needs of and affordable to all members of the public who reside in that city" and intends to provide "a rental housing alternative" in the form of accessory dwelling units (each an "ADU"). The problem presents, however, when the only available space for an ADU is on the back side of the house, and the minimum design causes coverage to exceed the applicable lot coverage standard of 40%. CMC §21.10.110. Fortunately, up to an additional 10% (i.e. a gross of 44% coverage) is permissible through a minor variance (CMC § 21.50.040) and what is sought is a minor variance within the statutorily permissible 44%. The subject property is a "view property" with a direct view of CA state property along the Terramar bluff and the open ocean. Although the lot is one of several 69' x 105' residential lots in the Terramar neighborhood, at least two lots on our block exceed the 40% coverage standard, and the first two houses to the south and two of the first five houses to the north have AD Us. The sought variance is consistent with the affordable housing goals of the City of Carlsbad -which in this instance can be attained only by a grant of the minor variance -and corresponds with structural coverage on other similarly situated lots in the Terramar neighborhood. Page 1 of 3 2. Q: Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: A: The sought minor variance -permissible under CMC § 21.50.040 -would afford the subject property no more than is enjoyed by at least two other similarly situated properties on the same block in the Terramar neighborhood, i.e. an ADU and a coverage beyond the standard 40% (CMC §21.10.110). See Declaration of Larry Lipkin, attached as Exhibit 1. 3. Q: Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: A: The subject property is a residential property in an R-4 zone, and the construction and occupation of an ADU is permissible. As well, both CMC §§ 21.10.110 and 21.50.040 apply to the subject property and the Terramar neighborhood. 4. Q: Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: A: Broadly, the goals of enhancing the Terramar neighborhood, as evidenced by the Terramar Area Coastal Improvement Project, maintaining sightly residential properties along the Coast Highway, and providing a rental housing alternative in the form of an ADU combine to make the sought variance consistent with the Carlsbad General Plan. Specifically, the project is directly aligned with Core Value 1 which promotes "small town feel, beach community character, and connectedness," and Core Value 2 which promotes "neighborhood revitalization, community design, and livability" including more activities along the coastline." Carlsbad General Plan, p. 10-6. The sought minor variance applies to an open Hawaiian Plantation-style design with beach community character, it revitalizes a plain and poorly considered design on the Coast Highway thus providing neighborhood revitalization and livability, and the ADU makes available a reasonable rental alternative and consequent improved access to coastal activities. 5. Q: If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources: A. The subject property is within the Mello II Segment of the City of Carlsbad Local Coastal Program (2016). The essential concerns of the Local Coastal Program include protecting, maintaining, and enhancing and restoring the overall quality of the Coastal Zone environment and its natural and man- made resources. See City of Carlsbad, Local Coastal Program {2016), p. 1, para. 1.A.1. The policies that relate to the Mello II Segment are set forth in Chapter 11-2, pages 32 -97, and are focused on maintaining and improving the lagoons, wetlands, waters, beaches and coastal bluffs in the Segment, including those Page 2 of 3 along the Pacific Coast adjacent to the subject property. Of the policies set forth in Chapter 11-2, those most significant to the sought variance are as follows: Policy 4-3 Accelerated Soil Erosion: The proposed plan anticipates increased use of features that "will slow runoff and maximize on-site infiltration of runoff', does not anticipate any outdoor material storage areas (see 4-3.e.7), will allow for roof coverage of trash storage areas (see 4- 3.e.8), and will not increase the run-off of water. Supra, Chapter 11-2, p. 74, para. 4-3.e.6 through 4-3.e.8. As well, all irrigation systems currently on the subject property are drip or low-flow systems, which will not change due to the proposed plan (see para. 4-3.n). Policy 4-4 Removal of Natural Vegetation: The proposed project will not result in the removal of any natural/native vegetation. Policy 4-5 -Soil Erosion Control Practices: During construction there should be no increase runoff or soil erosion due to the project, and the finished project should reduce the potential for runoff and soil erosion through the use of permeable finished surfaces in lieu of concrete hardscape. There should be no increases in pollutant loads or in peak runoff rate consequent to the subject project. Page 3 of 3 EXHIBIT 1 2111/2018 5430 pch.jpg m S4 ?O ~~~~ >< '&-\J,-::> I Fcu~i~~::: ·:J. Of1 \ SO.. ~, -OJ l -I (.o✓~¾~ -4\% --.\. https://mail.google.com/mail/u/0/#inbox/1614eecb4cd911 b5?projector=1 &messagePartld=0.2 1/2 EXHIBIT 2 2/11/2018 m >< :c OJ --i N ~ CA,~~ SL.,'-''.> ~f>L.\N-r' P-r~ ::: "5, 'Z-l I ~ FT ) ~~~ ~ 44 ½ https://mail.google.com/mail/u/0/#inbox/1614eecb4cd911 b5?projector=1 &messagePartld=0.2 5480 pch.jpg 1/2 1 DECLARATION OF LARRY LIPKIN 2 3 (In Support of Application for Minor Variance per CMC § 21 fg8010~ 2018 4 PROJECT: Proposed Residential Remodel of 5464 Carlsbad Boulevard, Carlsbad, CA 92008 5 6 I, Larry Lipkin, declare as follows: 7 1. I am over the age of eighteen years with a business address of 13607 Powers Road, 8 Poway, California 92064; telephone: (858) 774-1957. 9 2. I have a Bachelors of Architecture from the Parsons School of Design in New York, New 10 11 12 York, having studied architecture at Tulane University and the Parsons School of Design, and am the principal of Design Decisions, a San Diego County based residential-and commercial-building design firm. 13 3. I personally designed and drew the plans herewith submitted to the Planning Department 14 15 of the City of Carlsbad in connection with the proposed remodel of the residence ("Jan Residence") on the R-1 zoned property located at 5464 Carlsbad, California, 92008. 16 4. The Jan Residence is currently a total of 2,092 sq. ft., including residence and attached 17 18 garage, with a lot building coverage -as that term is defined by Carlsbad Municipal Code ("CMC") § 21.05.061 -of28.87% of the lot's total of 7,245 sq. ft. 19 5. In order to accommodate the construction of an accessory dwelling unit ("ADU"), the 20 21 proposed remodel ("Proposed Residential Remodel") has a footprint of 3,188 sq. ft., including residence, ADU and attached garage, with a lot building coverage of 44%. 22 6. The lot building coverage of the Proposed Residential Remodel is greater than the 23 24 standard of 40% set forth in CMC § 21.10.110, but within the permissible coverage limits of up to 44% available upon grant of a minor variance as set forth in CMC § 21.50.040. 25 7. On Thursday, February 8, 2018, I personally measured the building/structures located at 26 27 28 5430 Carlsbad Boulevard, Carlsbad, California, and have calculated the coverage to be 2,971 square feet or~ 41 % of the 7,245 sq. ft. lot size. See attached Exhibit 1. 1 DECLARATION OF LARRY LIPKIN (In Support of Application for Minor Variance per CMC § 21.50.040) 1 8. As well, on Thursday, February 8, 2018, I measured the north walls of the 2 3 4 buildings/structures at 5480 Carlsbad Boulevard, Carlsbad, California, and using such measurements scaled the buildings/structures and have calculated the coverage to be 3,217 square feet or:::: 44% of the 7,245 sq. ft. lot size. See attached Exhibit 2. 5 9. The requested minor variance sought in connection with the Proposed Residential 6 7 8 9 10 11 12 Remodel and the proposed ADU are dimensions and uses consistent with privileges afforded residential properties similarly zoned and on the same block of Carlsbad Boulevard as the Jan Residence. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. 13 Dated: .-z_ • I~-\~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF LARRY LIPKIN (In Support of Application for Minor Variance per CMC § 21.50.040) { City of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 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' .) \=EB l H 7.0i~ 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 $ ____ /sq. ft.=$ ________ _ ⇒ Residential Addition Square Footag_e: 2,689 square feet x $ TI2.65 /sq. ft. = $_3_0_2_,9_1_5._8_5 ____ _ ⇒ Any Garage Square Footage: 638 square feet x $ 43.33 /sq. ft. = $_2_7_,6_44_._54 _____ _ ⇒ Residential Conversion Square Footage: ______ square feet x $ _____ /sq. 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 $ __ /sq. ft.=$ __________ _ 330,560.39 COST OF DEVELOPMENT ESTIMATE: $ ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Coastal Development Permit ($60,000 or more cost estimate)~ C. Street address of proposed development 5464 Carlsbad Boulevard, Carlsbad, CA 92008 P-6 Page 1 of6 Revised 05/17 D. Assessor's Parcel Number of proposed development 2101151000 E. Development Description: Briefly describe project: Remodel of existing 1,608 sq. ft. one story residence with 585 sq. ft. garage to a 3,704 sq. ft. two story residence with attached 1,122 sq. ft. garage, and attached 593 sq. ft. ADU. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Two vacant lots are directly to the north of the subject property. South: The neighboring property to the south is a two story SFR with detached ADU. East: Neighboring properties to the east are two single story SFRs. West: Directly to the west is a strip of city property, then roadway, then state property. G. Is project located within a 100-year flood plain? D Yes IX] No 11. PRESENT USE OF PROPERTY A. Are there existing structures on the property? D Yes D No If yes, please describe. There is an existing 1,608 sq. ft. residence with attached 585 sq. ft. garage on the property. B. Will any existing structure be removed/demolished? D Yes 1K] No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing Progosed Total Building Coverage sq. ft. 3,188 sq. ft. 3,lBB sq. ft. !1!1 Landscaped Area sq. ft. 360 sq. ft. 360 sq. ft. 5 3,697 3,697 51 Hardscape Area sq. ft. sq. ft. sq. ft. Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. P-6 Page 2 of 6 Revised 05/17 % % % % P-6 B. Parking: Number of existing spaces 2 Number of new spaces proposed 2 Existing/Proposed TOTAL: 4 Number of total spaces required 2 Number of covered spaces 4 Number of uncovered spaces 0 Number of standard spaces n/a Number of compact spaces n/a Is tandem parking existing? D Yes#_ IK] No Is tandem parking proposed? 1K] Yes #_4_ 0 No C. Grade Alteration: Is any grading proposed? D Yes 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. 5. Maximum height of cut slope _____________ feet Amount of import or export cu. yds. 6. Location of borrow or disposal site _______________ _ Page 3 of 6 Revised 05/17 The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) P-6 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). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION Oa. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. De. 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. Od. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of signs. Oh. 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 Land Use Designation and Zoning. 0(4) Proposed land use. 0(5) Total building coverage (in square feet and as a percent). 0(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). Di. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 01. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. 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. Page 4 of6 Revised 05/17 C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: 01. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05. Building Heights of all structures (top of roof and top of roof projections) D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if applicable. To determine if a landscape plan is required, consult Chapter 1-Applicability in the Landscape Manual. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS DA A completed Land Use Review Application Form. OB. Completed Coastal Development Permit Application. Oc. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. Do. Disclosure Statement. OE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). OF. Completed "Project Description/Explanation" sheet. OG. Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34). This form can be found on the City's website. (Distribute copy to Land Development Engineering). OH. If, when completing the Storm Water Standards Questionnaire, the project is subject to "Standard Project," requirements, submit a completed and signed "Standard Project Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. 01. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Development Project," submit a preliminary Storm Water Quality Management Plan (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35). OJ. Property Owner's List and Addressed Labels: Single Family Residence 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner}, all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. P-6 Page 5 of 6 Revised 05/17 ... 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (TT} no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1"=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. Note: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. Minor Coastal Development Permit 1. 100' Radius Owners and Occupants/Address List and Labels (for coastal zone/CDPs only): P-6 One ( 1) list of the owners and occupants/addresses located within a 100' radius of the project site; and two (2) sets of mailing labels of the addresses within a 100' radius. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 Page 6 of6 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 Revised 05/17 ~ City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. 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 determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: ~~ U'::>,~ ~t:>\710"1 !>(~ PROJECT ID: ADDRESS: SAb4 CM:.L,s~ ~'-t\') ,~ APN: ,Z\0-\\5 -\0 The project is (check one): 0 New Development --s::'Redevelopment The total proposed disturbed area is: -'l4·Z.~ ft2 L. 0~) acres £ J07\ F,t. The total proposed newly created and/or replaced impervious area i::, -. ~~£_QZ_ _) acres .. If your project is covered by an approved SWQMP as part of a large1 : ,, ~lopment project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 FEB 1 6 2013 c.--:-( Gf= CAf .-_, ........ ~ G _) REV 02/16 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ )( or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', ao to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ )( b} Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ k accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ ~ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP .. ." and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, ao to Step 3. E-34 Page 2 of 4 REV 04/17 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): 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 a redevelopment project creating and/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 and/or replaces 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 (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminaled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface 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 or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area 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. Is 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%? (CMC 21.203.040) YES NO □ □ □ □ □ 'jlf □ □ □ □ □ If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "My project is a 'STANDARD PROJECT' .. ." and complete aoolicant information. E-34 Page 3 of 4 REV 04/17 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP .. ." and complete cl)plicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ~y project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' ormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-3fi and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: l..Ae.~"::1 L\·~iN Applicant Title: b~~ ~ f\A!"f _ Applicant Signature:C: ¼-v"'<' Date: 2 \"i lf1 , . * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red 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 equivale11t under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 Ccityof Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information Project Name: Jan Residence Addition and ADU Project ID: DWG No. or Building Permit No.: Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 111 Yes □No □ N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage □ Yes □ No 111 N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind Ill Yes □ No □ N/A Dispersal Discussion/justification if SC-3 not implemented: -_) FEB 1 6 2013 ..,.. I C = ----) I I I ..,, ·- p_, .... ~ ........... -. . E-36 Page 1 of 4 Revised 09/16 . Source Control Requirement (continued) Applled? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and Ill Yes □ No 0 N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal □Yes ONo Ill N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for guidance). D On-site storm drain inlets □Yes □No 111 N/A □ Interior floor drains and elevator shaft sump pumps D Yes D No Ill N/A D Interior parking garages □Yes 0 No 111 N/A □ Need for future indoor & structural pest control □Yes □No Ill N/A □ Landscape/Outdoor Pesticide Use □Yes □ No Ill N/A □ Pools, spas, ponds, decorative fountains, and other water features D Yes □ No Ill N/A D Food service □Yes □ No Ill N/A D Refuse areas □Yes □No 111 N/A D Industrial processes □ Yes □No 111 N/A O Outdoor storage of equipment or materials D Yes □No Ill N/A □ Vehicle and Equipment Cleaning □ Yes □No Ill N/A □ Vehicle/Equipment Repair and Maintenance □Yes □No Ill N/A D Fuel Dispensing Areas □Yes □No Ill N/A D Loading Docks □Yes □No Iii N/A D Fire Sprinkler Test Water □Yes 0 No Ill N/A □ Miscellaneous Drain or Wash Water □ Yes □ No 111 N/A □ Plazas, sidewalks, and oarkina lots □ Yes □No Ill N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 . Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainaoe Pathways and Hvdrolooic Features I III Yes I 0 No I □ N/A Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soils, and Vegetation I ll!Yes I □No I □ N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area I Ill Yes I □No ID NIA Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I lilYes I □No I □ N/A Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I Iii Yes I □ No I □ N/A Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 ~ Site Design Reaulrement (continued) I Applled? SD-6 Runoff Collection I Ill Yes I □ No I □ N/A Discussion/justification if SD-6 not implemented: SD-7 Landscaping with Native or Drought Tolerant Species I 11 Yes I D No I D N/A Discussion/justification if SD-7 not implemented: SD-8 Harvestinq and Usinq Precipitation I lil Yes I D No I □ NIA Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 .. Lotus Escrow Barry Wong National Title Company a Williston Financial Uroup company PRELIMINARY REPORT 55 E Huntington Drive, Suite 120 Arcadia, CA 91006 Title Contact Information: WFG National Title Company of California 700 N Brand Blvd., Suite 1100 Glendale, CA 91203 Phone: (818) 476-4076 E-mail: teamjulie@wfgtitleco.com Title Officer: Julie Alvarado Order No.: 17-137969 Property Address: 5464 Carlsbad Bouldevard, Carlsbad, CA 92008 APN: 210-115-10-00 In response to the above referenced application for a policy of title insurance, WFG National Title Insurance 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 of describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception 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 Risks of said policy or policies are set forth in Exhibit One attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA 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 One. 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 One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy or policies of title insurance contemplated by this report is/are: ALTA® HomeOwner's Policy (12-02-13) AL TA® Ext Loan Policy (06-17-06) Issued by WFG National Title Insurance Company Dated as of: December 14, 2017 at 7:30 am The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Kendrick Jan and Jill Jan, husband and wife as joint tenants with right of survivorship view image The land referred to in this report is situated in the State of California, County of San Diego, and is described as follows: SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 1 of 11 Order No.: 17-137969 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 127, AS SHOWN ON THAT CERTAIN MAP ENTITLED TERRAMAR UNIT NUMBER 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 3312 FILED ON OCTOBER 14, 1955. APN: 210-115-10-00 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 2 of 11 Order No.: 17-137969 At the date hereof exception to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1 a. General and County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2017-2018: 1st Installment: 2nd Installment: Penalty: APN No.: Code Area: $6,997.06 Paid $6,997.06 Open $709.70, due after April 10, 2018 210-115-10-00 09000 The above includes a homeowner's exemption. 1 b. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 1c. Assessments, for community facility districts, if any, affecting said land which may exist by virtue of assessment maps or notices filed by said districts. 1d. The liens of bonds and assessments liens, if applicable, collected with the general and special taxes. 2. Water rights, claims or title to water, whether or not shown by the public records. 3. An easement for either or both pole lines, underground conduits and rights incidental thereto, as set forth in a document recorded June 21, 1956 in (book) 6150 (page) 592 of Official Records. Reference is hereby made to said document for full particulars. 4. An easement for either or both pole lines, underground conduits and rights incidental thereto, as set forth in a document recorded August 17, 1961 as Instrument No. 143296 of Official Records. Reference is hereby made to said document for full particulars. 5. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: Dated: Trustor: Trustee: Beneficiary: Lender: Recorded: Instrument No.: $546,250.00 August 8, 2014 Kendrick Jan and Jill Jan, husband and wife, as joint tenants with right of survivorship First American Title Company Mortgage Electronic Registration Systems, Inc. Loandepot.Com, LLC dba !mortgage., a Limited Liability Company August 15, 2014 2014-0350904, of Official Records. 6. The transaction contemplated in connection with this report is subject to the review and approval of the Company's Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. END OF EXCEPTIONS WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 3 of 11 C Order No.: 17-137969 REQUIREMENTS Req. No. 1. Statements of information from all parties to the transaction. WFG Form No. 3151600 Cl TA Preliminary Report Form (06-05-14) Page 4 of 11 C .... , __) Order No.: 17-137969 NOTES This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. Note 1: If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. Note 2: No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. Note 3: Special recordings: Due to a severe budget shortfall, many county recorders have announced that severe limitations will be placed on the acceptance of "special recordings." Note 4: Homeowners association: if the property herein described is subject to membership in a homeowners association, it will become necessary that we be furnished a written statement from the said homeowners association of which said property is a member, which provides that all liens, charges and/or assessments levied on said land have been paid. Said statement should provide clearance up to and including the time of closing. In order to avoid unnecessary delays at the time of closing, we ask that you obtain and forward said statement at your earliest convenience. Note 5: Demands: This Company requires that all beneficiary demands be current at the time of closing. If the demand has expired and a current demand cannot be obtained it may be necessary to hold money whether payoff is made based on verbal figures or an expired demand. Note 6: Line of credit payoffs: If any deed of trust herein secures a line of credit, we will require that the account be frozen and closed and no additional advances be made to the borrower. If the beneficiary is unwilling to freeze the account, we will require you submit to us all unused checks, debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by the trustor stating that no additional advances will be made under the credit line. If neither of the above is possible, it will be necessary to hold any difference between the demand balance and the maximum available credit. Note 7: Maps: The map attached hereto may or may not be a survey of the land depicted thereon. You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. WFG National Title Company of California expressly disclaims any liability for alleged loss or damages which may result from reliance upon this map. Note 8: In the event of cancellation or if the transaction has not closed within 90 days from the date hereof, the rate imposed and collectable shall be a minimum of $360.00, pursuant to Section 12404 of the Insurance code, unless other provisions are made. Note 9: A Preliminary Change of Ownership Report (PCOR) must be filed with each conveyance in the County Recorder's office for the county where the property is located. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a PCOR, the Recorder may charge an additional recording fee of twenty dollars ($20). State law also provides for a penalty of be levied if the Change of Ownership Report is not returned to the Assessor within a timely filing period. The penalty for failure to file a Change in Ownership Statement is $100 or 10% of the new tax bill, whichever is greater, but not to exceed $2,500. Note 10: As to any and all covenants and restrictions set forth herein, the following is added: "but omitting 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, marital status, source of income (as defined in subdivision (p) of Section 12955), or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. 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." WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 5 of 11 Order No.: 17-137969 Note 11: This report is preparatory to the issuance of an ALT A Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CL TA Endorsement forms 100, 116 or 116.01 and if applicable, 115 and 116.02 attached. When issued, the CLTA endorsement form 116, 116.01 or 116.02, if applicable will reference Single Family Residence known as 5464 Carlsbad Bouldevard, City of Carlsbad, County of San Diego, California Note 12: The only conveyances affecting said land which recorded within twenty-four (24) months of the date of this report are: None of Record WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 6 of 11 - Exhibit One (Rev. 06-15-14) CLTA STANDARD COVERAGE POLICY-1990 (4-8-14) EXCLUSIONS FROM COVERAGE Order No.: 17-137969 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) (b) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 7 of 11 CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS Order No.: 17-137969 In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (b) zoning; (c) land use; (d) improvements on the Land; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk a.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A of $2,500 (whichever is less) Our Maximum DollarLimit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 2006 ALTA LOAN POLICY (06/17/06)) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 8 of 11 r Order No.: 17-137969 (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 the Insured to comply with applicable doing-business laws of the state in which the land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in covered Risk 13(b) of this policy .. 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: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B -Part II, this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) PART1 Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 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 which arise by reason of: 1. (a) (b) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. 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; WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 9 of 11 Order No.: 17-137969 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 9 and 1 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in covered Risk 9 of this policy .. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the 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 which 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 inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 10 of 11 r ..... Order No.: 17-137969 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of 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, 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 slate where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential 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 claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 11 of 11 Disclosure to Consumer of Available Discounts Pursuant to California Code of Regulations Section 2355.3 In compliance with Section 2355.3 of the California Code of Regulations, if the current transaction involves an improved, one-to-four family, residential dwelling, the proposed insured may be entitled to certain cost reductions and/or discounts in their title insurance premiums and/or settlement service charges, pursuant to the programs listed below, and as further described in the Company's current Schedule of Rates and Rules for the State of California, currently on file with the California Department of Insurance. The reductions and/or discounts available are: Electronic Commerce Group Title Discount Program First Time Buyer(s) Senior Citizen Rate U.S. Military Rate Consumer Direct Rates Disaster loans Expedited/Electronic Refinance Rates lender Special Rates 1, 2, 3 limited Escrow Rates Home Equity Escrow Rate REO Escrow Rate Group Rate Escrow Discount Application of the Reductions and/or Discounts listed above shall be governed by the rules and requirements set forth in the Schedule of Rates and Rules on file in the office of the California Insurance Commissioner. Multiple programs may or may not be applied. Pursuant to the above referenced California Code of Regulations Section, neither provision nor acceptance of this form shall constitute a waiver of the consumer's right to be charged the filed rate. With the receipt of the Preliminary Report to which this Disclosure Form is attached, the proposed insured acknowledges that they have been notified that they may be entitled to certain cost reductions and/or discounts, as listed above and as more particularly described in the Company's Schedule of Rates and Rules, currently on file in the office of the Insurance Commissioner of the State of California. li!:':;;;G National Title Insurance Company ~ a Williston Financial Group company ABOUT YOUR PRIVACY At WFG, we believe it is important to protect the privacy and confidences of our customers. This notice is intended to explain how we collect, use, and protect any information that we may collect. It will explain the choices you may make about the use of that information. What Information Do We Collect About You? We collect certain types of information about you. This may consist of: • Your name, address, and telephone number. • Your email address. • Your social security or government ID numbers. • Your financial information. We collect this information from: • The application or other forms you fill out with us. • The correspondence you and others direct to us. • Our transactions with you. • Others involved in your transaction, including the real estate agent or lender. In some cases, we collect information from third parties. For instance, we may receive real estate information from local assessor's offices. How Do We Use This Information? We use the information we collect to respond to your requests. WE DO NOT SHARE your information with other companies. How Can You "Opt Out?" We do not share your information so there is no need to opt out. The information We Collect About You On Our Website When you enter our website, we automatically collect and store certain information. This consists of: • Your IP Address • (Internet Protocol Address) and domain name. • The type of browser and operating system you use. • The time of your visit. • The pages of our site you visit. If you register with us or fill out an on online survey, we will collect additional personal information, such as your name, telephone number, email address and mailing address. Cookie Usage In order to provide you with customized service, we make use of "cookies." Cookies are essentially files that help us identify your computer and respond to it. You may disable cookies on your own computer, but you may not be able to download online documents unless cookies are enabled. C How We Use Information The information we collect concerning: • Your browser • The time and date of your visit • The web pages or services you accessed is used for administrative and technical purposes. For instance, we may use it to count the number of visitors to our site and determine the most popular pages. We may also use it to review types of technology you are using, determine which link brought you here, assess how our advertisements on other sites are working, and to help with maintenance. We use information contained in your emails only for the purpose of responding to those emails. If we ask you to fill out any forms or surveys, we will use the information we receive only for the specific purposes indicated in those forms or surveys. Your Right to See and Correct Information If you wish to see the information collected about you, please contact your settlement agent. Children's Policy We do not knowingly collect information from children under the age of 18. We delete any information that we discover has been provided by children. Security --Generally We make every effort to protect the integrity of your information. Any personal information you enter into online forms or surveys will be encrypted to ensure it remains private. We limit the right of access to your information to employees that need to use the information to respond to or process your request or transaction. We also take industry standard (IPSEC) measures to protect our sites from malicious intrusions or hacking. --Phishing and Pretexting As you know, consumers are increasingly targeted by unscrupulous persons attempting to acquire sensitive personal or financial information, by impersonating legitimate businesses. We will never send you an unsolicited email or other communication requesting your private information. If you receive a communication directing you to enter your personal information, please disregard the instruction and contact us immediately at Compliance@wfgnationaltitle.com. Oregon Residents We may not disclose personal or privileged information about you unless we provide you with a disclosure authorization form that is executed by you or your representative and otherwise complies with certain statutory requirements. Any such authorization is not valid for more than 24 months and may be revoked by you at any time, subject to the rights of anyone who relied on the authorization prior to your notice of revocation. In addition, if your personal or privileged information was collected or received by us in connection with a title insurance transaction, we cannot disclose such information if the disclosure authorization form that you executed is more than one year old or if the requested disclosure is for a purpose other than a purpose expressly permitted by statute. You have the right at any time to request in writing access to recorded personal information about you that is reasonably described by you and reasonably available to us. Within 30 days of the date of our receipt of any such written request from you, we will inform you of the nature and substance of any such information, permit you to see and copy that information or obtain a copy by mail, disclose the identity, if recorded, of the persons to whom we have disclosed such information during the previous two years, and provide you with a summary of the procedures by which you may request that such information be corrected, amended or deleted. Do Not Track Because there is not an industry-standard process or defined criteria to permit a user to opt out of tracking their internet access (Do Not Track or DNT), we do not currently respond to the various DNT signals. How to Contact Us If you have any questions about our privacy policy, please contact WFG: • By email: Compliance@wfgnationaltitle.com • By telephone: 800-385-1590 • By fax: 503-97 4-9596 • By mail: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223 • In person: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223 WFG FAMILY WILLISTON FINANCIAL GROUP LLC WFG NATIONAL TITLE INSURANCE COMPANY WFG LENDER SERVICES, LLC WFGLS TITLE AGENCY OF UTAH, LLC WFG NATIONAL TITLE COMPANY OF WASHINGTON, LLC WFG NATIONAL TITLE COMPANY OF CALIFORNIA WFG NATIONAL TITLE COMPANY OF TEXAS, LLC D/B/A WFG NATIONAL TITLE COMPANY UNIVERSAL TITLE PARTNERS, LLC VALUTRUST SOLUTIONS, LLC WILLISTON ENTERPRISE SOLUTIONS & TECHNOLOGY, LLC WFG NATIONAL TITLE COMPANY OF CLARK COUNTY, WA, LLC D/B/A WFG NATIONAL TITLE ~iston Financial Group --t ~9 3 Ill "Cl <II THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LQ~Al. 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