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Home My WebLink AboutCDP 2018-0022; BIEHL BACKYARD RENOVATION; Coastal Development Permit (CDP)-. Ccuyof 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 Pennits ii Coastal Development Pennit ~ Minor 0 Conditional Use Permit 0 Minor O Extension 0 Day Care (Large) D Environmental Impact Assessment 0 Habitat Management Pennit O Minor 0 Hillside Development Pennit D Minor 0 Nonconforming Construction Permit 0 Planned Development Permit O Minor 0 Residential O Non-.Residential 0 Planning Commission Determination 0 Reasonable Accommodation 0 Site Development Plan 0 Special Use Permit 0Minor 0 Tentative Parcel Map (Minor SUbdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0Minor (FOR DEPT. USE ONLY) Legislative Permits ' ---cotu1.-J-C,01/L. 0 General Plan Amendment D Local Coastal Program Amendment 0 Master Plan 0 Specific Plan 0 Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal B@Yiew.Atea Permits 0 Review Permit 0 Administrative O Minor D Major Village Review AIN Permits D Review Permit 0 Administrative O Minor D Major (FOR DEPT. USE ONLY) B NOTE:APR<POSEDPROJECTREQUIRINGAPPUCATIONSUEmllnTALMUSTBESU-ITTEDBYAPPOINlMENr'. PLEASECONTACTlHEAPPOINTMENTSPECIAUST AT (760) 602-V23 TO SCHEDULE AN APPOINTIIENT. *SAME DAY APPOINlMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 216-420-42-00 -------------------------------LO CAT 10 N OF PROJECT: 602 NAVIGATOR COURT, CARLSBAD, CA 92011 (STREET ADDRESS} NAME OF PROJECT: BIEHL -Backyard Pool BRIEF DESCRIPTION OF • . . • • PROJECT: The prqect will construct a pool, spa, BBQ island, fire ptt, pergola, and hardscape installation 4•,tt. rs P:f...\wecr itnl.a.wP 4-tM:oE& C)¼go, C{iy,~ 15:t j>v~ll~ rl>IL~. PROJECT VALUE (SITE IMPROVEMENTS) ESTIMATED COMPLETION DATE FOR CITY USE ONLY Development No. () ~" 'W1 ~ ' ooO S Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (If applicable): Ned and Megan Biehl INDIVIDUAL NAME flf applicable): Same as Owner info COMPANY NAME COMPANY NAME (If applicable): (If applicable): MAILING ADDRESS: 602 Navigator Court MAILING ADDRESS: -------------CITY, STATE, ZIP: Carlsbad, CA 92011 CI TY, STATE, ZIP: TELEPHONE: 760-814-3777 TELEPHONE: -------------EMAIL ADDRESS: nednmeg@gmail.oom EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT /IS THE BEST OF MY KNOWLEOOE. SET FORTH EREIN IS MY AUT~~~]l REPRESENTATIVE FOR PU S F:J"HISAPPLIC I N. APPLICANT'S REPRESENTATIVE (Print): Bill Hofman (Hofman Planning & Engineering) MAILING ADDRESS: 3152 Lionshead Avenue CITY, STATE.ZIP: Carlsbad, CA 92010 TELEPHONE: 760-692-4012 ----------------------------------EMAIL ADDRESS: bhofman@hofmanplanning.com I cc: mdomingo@hofmanplanning.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KN OOE. !-/() ~ J.o!B 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. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED N Tl,fE TITLE TO PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH TH D BIND ANY CQE~~!R$\IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED MAR 06 2018 CITY OF CARLSBAD DA~~~N~ ~ijBdX+~~~CEIVED RECEIVED BY: Revised 03/17 ' ('cicyof Carlsbad Development Services DISCLOSURE STATEMENI ,....~-'P· /'C ,,.... Planning Division p. 1 (A) R r= '...,_/ ~ ~ "..1 _ ~ 1635 Faraday Avenue (760) 602-4610 MAR O 6 '2018 www.carlsbadca.gov vi, ? _; .. \N'.i'~S 0: J.~.:, .• 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 folla.ving 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) Pr<;>vide 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 (NIA) 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 Bill Hofman corp/Part Hofman Planning & Engineering Title President Title ·------------- Address _________ _ Address3152 Lionshead Ave 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of & 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 (NIA) 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 Ned and Megan Biehl corp/Part. __________ _ Title.__________ Title. ___________ _ Address 602 Navigator Court, 92011 Address. ___________ _ Page 1 of2 Revised 07/10 ;,. C 3. NON-PROAT 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? □ Yes rzr No If yes, please indicate person(s):. __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct t 0\QY\A i-QJ,,. .• ~·11 Sig'nature of owner/date Ned and Megan Biehl Ned and Megan Btehl Print or type name of owner Print or type name of applicant Bill Hofman Print or type name of owner/applicant's agent P-1(A) Page2of2 Revised 07/10 ■ C Hofman Planning & Engineering TRANSMITTAL To: Planning From: Marianne Domingo Company: City of Carlsbad □ □ Address: 1635 Faraday Avenue X Phone: Date: i/v/1dl4 □ Delivery: Hand Delivery SUBJECT: Biehl Backyard -602 Navigator Court-CDP -1st Submittal Attached are the following items: Copies Date Descriotion 1 1/11/18 P-1 Land Use Annlication 1 1/11/18 P-1A-Disclosure 1 1/11/18 P-1 B -Project Descriotion 1 1/11/18 P-1C -Hazardous Waste 1 1/11/18 P-10-EIA 1 1/11/18 P-1E -Time Limits 2 1/11/18 Preliminary Title Report 1 1/11/18 Site Photos 2 1/11/18 Storm Water Standards Questionnaire 2 1/11/18 Standard Proiect Requirement Checklist 7 1/11/18 Exhibits 1 1/11/18 Early Public Notice Packaae 1 1/11/18 Fee Feel free to contact me if you have any questions. Hofman Planning & Engineering Marianne Domingo Assistant Planner Tel: (760) 692-4019 Direct Fax: (760) 692-4105 Email: mdomingo@hofmanplanning.com For Your Information For Your Approval For Your Review As Requested MAR O 6 2018 3152 Lionshead Ave · Carlsbad · CA · 920 l 0 · 7 60-692-4100 · Fax 7 60-692-4105 Ccicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: BIEHL -BACKYARD POOL APPLICANT NAME: NED AND MEGAN BIEHL 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: MAR O 6 2018 P-1(8) Page 1 of 1 Revised 07/1 O C Project Description The proposed project is located in the backyard south of Compass Court and east of Navigator Circle on the corner of 602 Navigator Court. The 0.13 acre site is currently occupied by a single family residence, and in the backyard, the project will construct a pool, spa, bbq island, fire pit, pergola, and hardscape installation. {'cicyof Carlsbad C 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 Governme~ Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the · lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application gre contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Ned and Megan Biehl Name: Ned and Megan Biehl Address:602 Navigator Court, 92011 Address: ________ _ Phone Number: A I.;; 0 -'o \ l.\ -1,31-1 Phone Number: 760-692-4012 Address ofSite:602 Navigator Court, Carlsbad, CA 92011 Local Agency (City and County): Carlsbad I San Diego County Assessor's book, page, and parcel number:_2_1_6_-_4_2_0_-4_2_-0_0 ___________ _ Specifylist(s}: __________________________ _ Regulatory Identification Number: ____________________ _ Date of List: ___ --=------------------------- il-l.(o·· 11 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 ~-ion of hazardous materials release sites. MAR O 6 ·2018 P-1(C) ClTY OF CARLSG.~.D Page 1 of2 Revised 02/13 l-,,,,1,,1"'') ,-.1\'iC•~'\: --~~~.,.,.~,\...:. ~-. ,...__,.,,...._,,. C Per the California EnVironmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since (the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Siles f'Superfund" or "CERCUS') www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2of2 Revised 02/13 {cicyof Carlsbad EIA INFORMATION FORM P-1(D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental fmpad Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Ad (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effeds of your project. Any environmental studies o.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental lnfonnation Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental lmpad Assessment Form -Initial Study. P-1{0) Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. Name of project _B_ie_h_l_-_B_a_c_ky_a_rd_P_o_o_l ___________ _ 2. Name of developer or project sponsor: _________________ _ Address: ___________________________ _ City, State, Zip Code: _______________________ _ Phone Number: ________________________ _ 3. Name of person to be contacted concerning this project Bill Hofman • Hofman Planning & Eng Address: 3152 Lionshead Ave· City, State, Zip Code: Carlsbad, CA 92010 Phone Number. 760-692-4012 4. Address of Project 602 Navigator Court, Carlsbad, CA 92011 Assessor's Parcel Number. 216-420-42-00 ---------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. 7. 8. Existing General Plan Land Use Designation: _R_-_8 ______________ _ Existing zoning district: _P_-_c _____________________ _ Existing land use(s): _R_e_s_i_d_e_n_t_ia_l ________________ _ 9. Proposed use of site (Project for which this form is filed): ____________ _ To construct a pool, spa, fire pit, bbq, and pergola behind existing residential Project Description 10. Sitesize: _0_._13_a_c _____________________ _ 11. 12: 13. 14. P-1(D) Proposed Building square footage: _N_/_A _________________ _ Number of floors of construction: _N_/_A __________________ _ Amount of off-street parking provided: ------------------- Associated projects: _______________________ _ Page2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _-_-_ .. _•= __ ·"""_·-_eea __ -_ .. _ .... _...-__ """ NIA 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: NIA 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NIA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ____________________ _ NIA P-1(D) Page3of 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 □ @ 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. □ @ 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ @ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ @ 27. Site on filled land or on slope of 10 percent or more. □ @ 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ @ 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.). D @ 31. Relationship to a larger project or series of projects. □ @ Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including 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 •~ Date: I J..---;J...lJ) -1 '::f-Signature1+1+, _S:2_. _.V'-4---'..__.,"""'~-------- For: P-1(0) Page4of 4 Revised 07/10 C Cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. 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 applicallon) please call (760) 602-4610. ~ITT 1::----1 • J Apptil:anl S;Jnature: ')} Q, h,,, -~ ~ =-< ~ ~ ~ staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 l9\, r:r,-"'r=tV'ED L '---L -- MAR 06 '2018 CITY OF CARLSBAD 1::. 2-'.°"'.\:1.~2 '=:'.VlS!C~ '-· Revised 07/10 ,. C (;,City of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION P-6 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov A proposed project requiring application submittal must be submitted by appointmenr. 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'.) 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 Footage: ______ square feet x $ ___ /sq. ft.=$. ________ _ ⇒ Any Garage Square Footage: ______ square feet x $. ____ /sq. ft.=$. ________ _ ⇒ 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. RetaiVStore; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft.=$ _________ _ COST OF DEVELOPMENT ESTIMATE:$. ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate)~ 2. A Coastal Development Permit ($60,000 or more cost estimate) _. C. Street address of proposed development P-6 602 NAVIGATOR COURT, CARLSBAD, CA 92011 R£:C2filED MAR 06 '2018 ClTY OF CARLSB.~.D ?_r.'.\,;-'--,i>iG 01/lSiC;N Page 1 of6 Revised 05/17 D. Assessor's Parcel Number of proposed development 216-420-42-00 E. Development Description: Briefly describe project:, ____________________ _ The project will construct a pool, spa. bbq island. fire pit pergola1 and hardscape behind the existing residential unit. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Residential South: Residential East: Residential west: Residential G. Is project located within a 100-yearflood plain? 0Yes @No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? Ii] Yes D No If yes, please describe. Existing single-family house B. Will any existing structure be removed/demolished? D Yes kl 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 Proposed Total Building Coverage sq. ft. sq. ft .. sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area sq. ft. sq. ft. sq. ft. Unimproved Area (left Natural) sq. ft. sq. ft. sq. ft. P-8 Page 2 of6 Revised 05/17 % % % % P-6 B. Parking: Number of existing spaces Number of new spaces proposed _____ _ Existing/Proposed TOT AL: Number of total spaces required _____ _ Number of covered spaces Number of uncovered spaces ______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? C. Grade Alteration: Is any grading proposed? D Yes O No If ·yes, please complete the following: 0Yes#_0No Oves#_,ONo 1. Amount of cut _________________ cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope feet 5. 6. Amount of import or export _____________ cu. yds. Location of borrow or disposal site ______________ _ Page 3of6 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 ,equirements 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 comer 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. Oc. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. 0d. Distance between buildings and/or structures. 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 Qn 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). Oi. 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 wlumes: cut, fill, import and export. 03. Spot elevations at the comers 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. Os. 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 of 6 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 35n sheet(s). Each building elevation and floor plan shall include the following information: 01. Location and size of storage areas. 02. All buildings, strudures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construdion. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architedural Design Guidelines (If applicable). Os. Building Heights of all strudures (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-Applicabi/ity 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. .Q2 not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS []A. A completed Land Use Review Application Form. OB. Completed Coastal Development Permit Application. De. 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 Questionnairen (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 subjed to "Standard Project,n requirements, submit a completed and signed "Standard Project Requirement Check.list" (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, n 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 5of6 Revised 05/17 C 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 Hst must be typed in alt 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 Cartsbad,CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Cartsbad, 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 D=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. ~: When the application is tentatively scheduled to be heard by the decision making body, the Diego County Assessor"s Office. The projed 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 projed 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 Cartsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Car1sbad, 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 Develooment 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: BIEHL-BACKYARD POOL PROJECT ID: CDP 2018-0004 ADDRESS. 602 NAVIGATOR COURT APN: 216-420-42-00 I The project is (check one): 0 New Development Iii Redevelopment The total proposed disturbed area is: 554 ft2 ( ) acres The total proposed newly created and/or replaced impervious area is: 1200 ft2 ( ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID Then, go to Step 1 and follow the instructions. application to the city. E-34 SWQMP#: When completed, sign the form at the end and submit this with your Page 1 of 4 RE:Li :IVED MAR O,: ?n1R (, t '\ \1,. PU\NNlNG DIVISIQNEV02/16 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)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ 0 and oublic develoe_ment e.roiects on e_ublic or e_rivate lend. 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 D 0 more of impervious surface? This includes commercial, industrial. residential, mixed-use, and public development oroiects on oublic or orivate 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 D 0 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 D 0 development oroiect includes development on anv natural slope that is twentv-five percent or cireater. 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 D 0 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 □ 0 site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transoortation of automobiles, trucks, motorcycles, 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 lo" includes flow that is conveyed overland a distance of □ 0 200 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 commingled with flows from adjacent lands).• 8.ls 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 D 0 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 D 0 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 oer day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ 0 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 □ 0 21.203.040) 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 oroiect 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 (POP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E 3.b.(2))· 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 = ____ % YES NO D If you answered "yes·, the structural BMPs required for PDP apply only to the creation or replacement of impervious surf ace and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... • and complete applicant 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 statin "M ro·ect is a PDP .. : and com lete a licant infonnation. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION 0 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. ~ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a • Standard Project Requirement Checklist Form E-36~ 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 0 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant lnfonnat,on and Signature Box Applicant Title: _O_w_n_e_r __________ _ Date: 2/21/2018 This Box far City Us9 Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-3'l Page4 ol4 REV0017 -. { City of Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-36 Project Information Project Name: BIEHL -BACKYARD POOL Project ID: CDP 2010-0004 DWG No. or Building Permit No.: Source Control BMPs 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. • "NIA" means the BMP is not applicable at the proiect 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 t]{es J D No I ■ NIA Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage [J Yes I D No I •NIA Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind I!) Yes I D No ID N/A Dispersal Discussion/justification if SC-3 not implemented: REC!: MAR O 6 ·2018 E-36 Page 1 of 4 CITY OF CARLSBA . PLAN NIN evised 09/16 G DIVISIC'rJ ., Source Control Requirement (continued) Aoolied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and ~Yes ONo 0 NIA Wind Dispersal Discussion[]ustification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal ~Yes □No 0 N/A Discussion/justification if SC-5 not implemented: S C-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for guidance). □ On-site storm drain inlets □Yes □No ~ N/A O Interior floor drains and elevator shaft sump pumps □Yes D No I!] NIA □ Interior parking garages D Yes 0 No [!) N/A O Need for future indoor & structural pest control D Yes 0 No l!l N/A □ Landscape/Outdoor Pesticide Use D Yes □No l!l N/A O Pools, spas, ponds, decorative fountains, and other water features Q 'r'es □No ■ N/A D Food service □Yes □No l!l N/A O Refuse areas D Yes □No ii N/A D Industrial processes □Yes O No ~ NIA □ Outdoor storage of equipment or materials D Yes □No l!l N/A □ Vehicle and Equipment Cleaning D Yes □No Iii N/A □ Vehicle/Equipment Repair and Maintenance □Yes □No ~ NIA □ Fuel Dispensing Areas □Yes □No I!] N/A O Loading Docks □Yes □No Iii N/A O Fire Sprinkler Test Water □Yes □No lil N/A □ Miscellaneous Drain or Wash Water □Yes □No Ill N/A □ Plazas, sidewalks, and parking lots □Yes □No ~ 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 .J 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. • "NIA" 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 Drainage Pathways and Hydrologic Features I □Yes I D No I !!IN/A Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soils. and Vegetation I □Yes I 0 No I 1!1 N/A Discussionf)ustification if SD-2 not implemented: SD-3 Minimize Impervious Area I □Yes I 1!1 No I D NIA Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I □Yes I Iii No ID N/A Discussion/justification if SD-4 not implemented: S0-5 Impervious Area Dispersion I □Yes I l!l No I ~ NIA Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 Site Design Requirement (continued) I Aoolied? SD-6 Runoff Collection I D Yes I □No I ii N/A Discussion/justification if SD-6 not implemented: SD-7 Landscapino with Native or Drouoht Tolerant Species I □Yes I D No I ii N/A Discussion/justification if SD-7 not implemented: SD-8 Harvesting and Usina Precipitation I □Yes I D No I ii NIA Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 January 5, 2018 ThQosalena Owners' Association~c. 5950 La Place Court Suite 200, Carlsbad, CA 92008-8852 Phone: 760-634-4700 Fax: 760-634-4759 Email: customerservice@prescottmgt.com Ned M Biehl and Megan K Biehl 602 Naviagtor Court Carlsbad, CA 92010 RE: CONDITIONAL APPROVAL FOR Landscaping: 602 Navigator Court Dear Ned M Biehl and Megan K Biehl, Upon review of your request and pursuant to the plans submitted, the Review Committee of The Rosalena Owners' Association, Inc. has reviewed and approved your architectural submittal for the installation per the plans submitted based on the following conditions: See Attached No movement of any Builder installed fencing is permitted without prior approval given by the Architectural Committee. Upon completion of the approved improvements to your property, please complete and return the "Notice of Completion" form to our office. A final inspection by a representative of the Review Committee will be conducted to verify the improvements have been completed pursuant to your approved plan. ARC approvals do not supersede Building Codes. You should contact the Planning Department to determine what, if any, permits may be required. Thank you for making your property an asset to the The Rosalena Owners' Association, Inc ... Should you have any questions or concerns, please do not hesitate to contact me at (760) 634-4700. Respectfully, As Directed by the Board of Directors The Rosalena Owners' Association, Inc. CC: 078-0158-5442 C The Rosalena Owners' Association, Inc. 5950 La Place Court Suite 200, Carlsbad, CA 92008-8852 Phone: 760-634-4700 Fax: 760-634-4759 Email: customerservice@prescottmgt.com NOTICE OF COMPLETION Notice is hereby given that the undersigned is the Owner of the property located at: 602 Navigator Court The work of improvement on the described property was COMPLETED on : _______ { date} in accordance with the Architectural Committee's written approval through the above owner's plans and submitted package. A review by the Inspection Committee is requested to complete this process. The inspection committee is authorized to enter my property to complete this inspection. Owner's Signature ____________ _ Lot Number I INSPECTION APPROVED I INSPECTION APPROVED WITH THE FOLLOWING: I DENIED DUE TO THE FOLLOWING: UPON COMPLETION OF IMPROVEMENTS MAIL TO: The Rosalena Owners' Association, Inc. 5950 La Place Court Suite 200 Carlsbad, CA 92008-8852 CC: 078-0158-5442 -·~ THt l!GHHOOT PlANN!MG GROUP 5900 Pasteur Court Suite 110 Carlsbad, CA 92008 (760) 692-1924 iightfootpg. com C January 3, 2018 Mr. and Mrs. Ned Biehl 602 Navigator Court Carlsbad, CA 92011 RE: Architectural Review 602 Navigator Court Rosalena Owners Association Dear Mr. and Mrs. Biehl: Per your request, I have reviewed the landscape submittal for your residence located within the Rosalena Owners Association (Association). The following comments are specific to the submitted plan. As a consultant to the Architectural Committee (AC), I have reviewed the plans for compliance to the project Declaration of Covenants, Conditions and Restrictions (CC&R's) dated June 8, 1988, and the Architectural and Landscaping Guidelines (Guidelines) revised August 2001. The Lightfoot Planning Group is not approving the means nor methods of the construction, installation, or guarantee to you or the Association. This is your sole responsibility and that of your contractor. The Lightfoot Planning Group is not responsible for reviewing, nor shall our approval of any plans or design be deemed approval of any plan or design from the standpoint of adequacy of drainage, structural safety, view impacts or conformance with building, fire or other applicable codes. It is your responsibility and.that of your contractor to maintain and protect all existing walls and fences during construction. No existing walls and fences shall be filled against or altered in any way. Any vines or plants which are attached to or planted adjacent to Rosalena Owners Association fencing will be detached or removed by you when fencing maintenance is required. Any plant damage that occurs during any fence maintenance operation by the Rosalena Owners Association is your sole responsibility. Existing street trees shall remain on the lot and be maintained in the location installed by the project developer. All existing drainage patterns will be maintained per the CC&R's. The CC&R's will take precedence in all situations. The plan as submitted, contains plans for the installation of a rear yard pool, spa, fire pit, rear yard wall, patio cover, outdoor kitchen and "future bathroom. A landscape plan was not submitted. Based on my review of the submitted plan, the Guidelines and the CC&R's, the plan as designed, with the exception of the proposed wall, patio cover and future bathroom, is in conformance to the Guidelines and the CC&R's. Therefore, this plan is approved subject to the following conditions: 1. The color of the proposed paving must be natural gray or a natural earth tone color. The color and finish must conform to the character of your dwelling and the community. 2. Per the Guidelines, the fire pit must burn natural gas only and be located a minimum of 10 feet from the house. Additionally, you must submit an executed Association Indemnity Agreement to the property manager prior to constructing the f"ire pit. You may obtain the Indemnity form from The Prescott Companies. 3. Please be aware that your proposed improvements are subject to all conditions listed in your Guidelines and CC&R's. Mr. and Mrs. Biehl 602 Navigator Court January 3, 2018 Page 2 0 4. Existing walls and fences cannot be filled against or used as retaining walls. 5. Please be aware that the AC does not review this application for conformance with the requirements of the City of Carlsbad or any other governmental agency. Please be sure that your project meets all of the requirements (including drainage requirements) of the City of Carlsbad and the Fire Department. 6. All improvements must be consistent with the character of the community and dwelling. 7. All proposed improvements (including footings) must be installed within your property, and shall not be installed in common area lots or easements. 8. The Association is not responsible for installation of proper drainage. This is the sole responsibility of the homeowner and/ or your landscape contractor. 9. Please note that the proposed wall, patio cover and bathroom are not approved. Please submit appropriate details, include colors and fmishes, of all items, for review and approval and prior to their installation. As indicated above, all means of construction and implementation of the plan is your sole responsibility and that of your contractor. All improvements will meet the minimum requirements of the Rosalena Owners Association CC&R's. If construction work requires the use of common area or access from property not owned by the applicant for any purpose of construction of this plan, you must obtain written permission prior to beginning construction, from the Homeowners Association or property owner for the right to enter during construction. This decision is not intended to violate any governing provision of law, including, but not limited to, the Fair Employment and Housing Act (Part 2.8 [commencing with Section 12900] of Division 3 of Title 2 of the Government Code), or a building code or other applicable law governing land use or public safety. Please send a 'Notice of Completion' form to The Prescott Companies once you have completed the project so that a site inspection can be scheduled. The site inspection will verify that the improvements have been installed in conformance to the approved plan. Our recommendation of approval and the approval of the Board does not take precedence over the requirements and regulations of the City of Carlsbad. Sincerely, es L. Taylor, ASLA Vice President, Landscape Architect LLA 2961 enclosures c. Zach Engel, The Prescott Companies, w/ enclosures Z:\CLIENTS\Rosalena HOA 1536\Architectural Review\Ltrs\602-NavigatorCourt.wpd C Green Landscape Ned and Megan Biehl Plant List Botanical Name Size Quanity Crepe Mrytle Tree Lagerstroem ia 15 gallon 2 Lemon Tree Meyer Citrus Meyeri 15 gallon 1 Penstemon Penstemon Barbaratus 5 gallon 3 Salvia Wendy's Wish Wendy's Wish Sage 1 gallon 5 Lavender Goodwin Creek Lavandula goodwin creek grey 1 gallon 2 Lavendar Spanish Lavandula Stoechas 1 gallon 7 Rosemary Tuscan Blue Rosmarinus 1 gallon 3 Lantana Gold Mound Lantana Camara 1 gallon 24 Pittosporum Silver Sheen Tenuifolium 5 gallon 14 Flax Yellow Wave Phormium 'yellow wave' 5 gaoon 10 J Green Landscape/ Ned and Megan Biehl Plant List Crepe Myrtle Tree Penstemon Lavender Goodwin Creek Rosemary Tuscun Blue Lantana Gold Mound . . ' . ~ ·. -::· '.:-·.;. '-' ·:.· <·. ~--·. ;.:7/, .'.\· .. •:··1•°!:,-· .• ~~ .. ; ''. .· :· .. :'.: ·,~-.. .,:; _,,. • ... ,._, • ... t-. • r ., . . -~ . . .. ,.. •.~ '._ ~ . · ll;·.: ·,r.,,:,··,. . ·: . \ ~•.'' • •• • , J • • • 'I ,J,. ,' • I 1f' I • • • • ._ ~ • • ' ."r, . ., ,, , ........ , Flax Yellow Wave East oz <t:O co -- 2!? (J) U) C) __J :::., C".J a::: C) -~ (3(D LLl 0 z u a:: LL . <l: O..c. w ~ >-Z ~ f-d -• I Ou. . • -south ~-----....,__ PRELIMINARY REPORT To: BBMC MORTGAGE ISAOA 100 W 22ND ST STE IOI LOMBARD IL, 60148-4877 Enter Contact Name REF NO: I 702EM232989 Property Address: 602 NAVIGATOR CT CARLSBAD, CA, 920 I l Title Officer: TITLE OFFICER: LISA BROWN TIMIOS TITLE 601 S. GLENOAKS BLVD. SUITE 306 BURBANK, CA 91502 PHONE: (877) 2 I 9-1402 ORDER NO.: 08-01470635 Title No: 1470635 In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance 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 A attached. The policy to be issued may contain an arbitration clause. When the Amount oflnsurance 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 ALT A Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list 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 of title insurance contemplated by the report is: ALT A LOAN POLICY Issued by: FIRST AMERICAN TITLE INSURANCE COMPANY Dated as of: Dec 19, 2017 at 8:00 a.m. The Estate or Interest in the land hereinafter described or referred to covered by this report is: Fee Simple Title to said estate of interest at the date hereof is vested in: NED M. BIEHL AND MEGAN K. BIEHL, HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP Page I of I I 1' At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: I. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2017-2018 THAT ARE A LIEN NOT YET DUE. 2. PROPERTY TAXES INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2016-2017. l ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENAL TY AND COST: HOMEOWNERS EXEMPTION: ASSESSMENT NO.: $3,643.16 $3,643.16 $7,000.00 216-420-42-00 PAID 12/07/2016 PAID 04/05/2017 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO THE DATE OF THE POLICY. 4. THE MATTERS SET FORTH IN ANY INSTRUMENT RECORDED IN THE OFFICIAL RECORDS, AMONG OTHER THINGS, CONTAINS OR PROVIDES FOR CERTAIN EASEMENTS; LIENS AND THE SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITION; RESTRICTIONS ON SEVERABILITY OF COMPONENT PARTS; AND COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS INDICATING ANY PREFERENCE, LIMITATION OR DISCRIMINATION BASED UPON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN. NOTE: SECTION 12956.l OF THE GOVERNMENT CODE PROVIDED THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED UPON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION C OF SECTION 12956.l OF THE GOVERNMENT CODE SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT NOR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW. AMOUNT: DATED: $740,282.00 MAY 08, 2017 TRUSTOR: NED M. BIEHL AND MEGAN K. BIEHL, HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP TRUSTEE: TIMI OS TITLE BENEFICIARY: MERS INC., SOLELY FOR BBMC MORTGAGE, LLC RECORDED: MAY 16, 2017 AS NO. 2017-0218003 PUD RIDER A TT ACHED: ROSALENA Page 2 of 11 C 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW. AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $190,000.00 AUGUST 25, 2017 NED M. BIEHL AND MEGAN K. BIEHL, HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP RODRASZLER MERS, INC., AS NOMINEE FOR PENTAGON FEDERAL CREDIT UNION AUGUST 31, 2017 AS NO. 2017-0399608 Page 3 of 11 C NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. NOTES: A. THE INSURANCE CONTEMPLATED BY THIS TRANSACTION SHALL BE ISSUED IN FAVOR OF BBMC MORTGAGE ITS SUCCESSORS AND/OR ITS ASSIGNS IN THE AMOUNT OF $740,282.00 PURSUANT TO A DEED OF TRUST FROM NED BIEHL B. THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER WILL BE BASED ON THE REFI RA TE. C. ACCORDING TO THE PUBLIC RECORDS, THERE HAS BEEN NO CONVEYANCE OF THE LAND WITHIN A PERIOD OF TWENTY FOUR MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: NONE D. NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN ALTA POLICY, WHEN ISSUED. E. THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 602 NAVIGATOR CT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA. F. THE POLICY TO BE ISSUED MAY CONTAIN AN ARBITRATION CLAUSE. WHEN THE AMOUNT OF INSURANCE IS LESS THAN THE CERTAIN DOLLAR AMOUNT SET FORTH IN ANY APPLICABLE ARBITRATION CLAUSE, ALL ARBITRABLE MATTERS SHALL BE ARBITRATED AT THE OPTION OF EITHER THE COMPANY OR THE INSURED AS THE EXCLUSIVE REMEDY OF THE PARTIES. IF YOU DESIRE TO REVIEW THE TERMS OF THE POLICY, INCLUDING ANY ARBITRATION CLAUSE THAT MAY BE INCLUDED, CONT ACT THE OFFICE THAT ISSUED THIS COMMITMENT OR REPORT TO OBTAIN A SAMPLE OF THE POLICY JACKET FOR THE POLICY THAT IS TO BE ISSUED IN CONNECTION WITH YOUR TRANSACTION. G. NOTE: FOR INFORMATIONAL PURPOSES, PROPERTY IS PART OF THE PLANNED UNIT DEVELOPMENT/ CONDOMINIUM PROJECT KNOWN AS:ROSALENA Page4 of 11 LEGAL DESCRIPTION LOT 42 OF CARLSBAD TRACT #85-14, PHASE I (BATIQUITOS LAGOON EDUCATION PARK), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11616, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 1986. APN: 216-420-42-00 Page 5 of 11 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage 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. 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 Your Deductible Amount Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19 I% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21. 1 % of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land ( c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records ( c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack ofa right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Page 6 of 11 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (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 ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (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 I I, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation offederal 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 l3(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 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. (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. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(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 Page 7 of 11 C (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 9 or 10); or (e) 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 offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. (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. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (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 l(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 l(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 ofan Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I l(b) or 25. 8. The failure of the residential structure, or any portion ofit, 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. Page 8 of I I C 9. Any claim, by reason of the operation offederal 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 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULER 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: I. 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 notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this pohcy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or 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. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date 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 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 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 mability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state of insolvency or similar creditors' rights laws. Page 9 of 11 C PRIVACY INFORMATION We Are Committed to Safeguarding Customer Information In order to better serve your needs now an in the future, we may ask you to provide us with certain infonnation. We understand that you may be concerned about what we will do with such infonnation. We agree that you have right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal infonnation. Applicability This Privacy Policy governs our use of the infonnation that you provide to us. It does not govern the manner in which we may use information we have obtained from any other sources, such as infonnation obtained from a pub I ic record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal infonnation regardless of its source. First American calls these guidelines its Fair lnfonnation Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal infonnation that we may collect include: • Infonnation we receive from you on applications, fonns and in other communications to us, whether in writing, in person, by telephone or any other means; • lnfonnation about your transactions with us, our affiliated companies, or others; and • lnfonnation we receive from a consumer reporting agency. Use of Information We request infonnation from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your infonnation to nonaffiliated parties except: (I) as necessary for us to provide the product or service you have requested of us; or (2) as pennitted by law. We may, however, store such infonnation indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more ofour affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of our information. We restrict access to nonpublic personal information about you to those individuals and entitles who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal infonnation. Information Obtained Through Our Web Site Business Relationships First American Financial Corporation's site and it's affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web site may make use of"cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Page 10 of 11 C The map attached, if any, may or may not be a survey of the land depicted hereon. Timios Title and it's Underwriters expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. N ., I tO ~ Q) 0 MAP :@ :-1!1 ~[ID ~@ "® •I!] "® Page 11 of 11