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Home My WebLink AboutCP 05-21; Cazadero Homes; Condo Permit (CP) (4)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) {~~| Administrative Permit I I Administrative Variance I I Coastal Development Permit HTT Conditional Use Permit I 1 Condominium Permit I I Environmental Impact Assessment I I General Plan Amendment I I Hillside Development Permit I I Local Coastal Program Amendment I I Master Plan I I Non-Residential Planned Development Planned Developm^^ermit (FOR DEPARTMENT USE ONLY) PUDOS-IC I I Planned Industrial Permit I I Planning Commission Determination I 1 Precise Development Plan I I Redevelopment Permit I I Site Development Plan I I Special Use Permit I I Specific Plan I I Tentative Parcel Map Obtain from Engineering Department I I Tentative Tract Map I I Variance I I Zone Change I I List other applications not specified . (FOR DEPARTMENT USE ONLY) 2) 3) 4) ASSESSOR PARCEL NO(S) PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: ^CgPyATS A Z LOl ^ZSINGUS PA'KAiL^ /(^^t 15) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAIUNG ADDRESS CITY AND STATE ' ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE EMAIL ADDRESS: EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. , SIGNATURE DATE SIGNATURE ' DATt ' 7) BRIEF LEGAL DESCRIPTION LOT ^0^. i^f, COSlA S^AMX^ A)1)\' hb 7. _ MAP NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLieATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTEb PRIOR TO 4:00 P.M. 8) LOCATION OF PROJECT: ON THE BETWEEN :SOOTH STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING o iD (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # m IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEt^/ED RECEIVED \ \ 2005 CITY OF (iARL^gAy OF CARLSBAD PLANNING DEPfi ANNiNG DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: Form 14 Rev. 12/04 PAGE 2 OF 5 \ City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! Receipt Applicant: SUKUP BOB Description PUD05010 Amount 2,280.00 Receipt Number: R0050606 Transaction Date: 06/14/2005 Transaction IEP?^-ll§*fe'; 60002 01 02 CGP 2280 ..00 Pay Type Method Description Amount Payment Check 1253 2,280.00 Transaction Amount: 2,280.00 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: CA^A feer^ aoMSS FDD APPLICANT NAME: ^fikl T^OL> 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: Project Description 10/96 Pagel of 1 CitV of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part ^-itjg.g^ujg^^-<s ^-j^t^^z^ 'gyt'C Person Title <^ Address <^^^ M,s>-<^ S^^/iL Title /^^'^AUg-sp. 7^ Address ^tT^ ^.^yW^^,^ /^^^g^.^. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person .^^IP- I^^^M^ Title /?c^f\&^ Address Corp/Part ^ Title Address l-^Y 16.36 F*!aaay Avenue • Ca«l50»«, CA SSOM'/aw • <7e0) fiOZ-JSOQ • FAX (760) 60Z;-6€&9 • www.ot cai1atiacl.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary ofthe. Non Profit/Trust Non Profit/Trust Title Address Tide . Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 3 Yes Q No If yes, please indicate personrsl: /^^/^J^ f^OC-^^ ^ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\PISCLOSURE STATEMENT 5/98 Page 2 of 2 Citv of Carlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEjVIENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmenta) 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. • The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Address: a9S¥ /kj.J^ ^> PROPERTY OWNER Name: /^m^ Phone Number: - '?(^^-^<^^ Address: 2 9S'4' /few^ /^<^ Phone Number: Address of Site: ^3'/9-^ dZa^<A<^^ d^U^^^j^^^, ^lA^ ^^c^^ Local Agency (City and County): ^tHy <^::^!-^^^r^^ . 9 ,:^<^.j^-^^ 7 ^ Assessor's book, page, and parcel number: ^Z'^-3c3^c^ '^Y-S' <i^xr, Specify list(s): /l/ A- ^ Regulatory Identification Number:. Date of List: Applicant Signature/Date Property Owner Signature/Date Admin/Counter/HazWaste 1635 Faraday Avenue • Carlsbad, OA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ The Hazardous Waste and Substances Sites (Cortese List) is a planning document used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control wv\/w.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lustis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619) 338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 www.co.san-dieqo.ca.us Integrated Waste Management Board www.ciwmb.ca.qov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") wvyw.epa.qov/superfund/sites/cursites (800) 424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm 5/19/03 Diversified TITLE INSURANCE COMPANY CLTA Standard Coverage PoUcy Title Insurance Diversified Title Insurance Company, A Corporation PoUcy Number: 100-M5307045 CLTA STANDARD COVERAGE POLICY OF TFTLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, DIVERSIFIED TflLE INSURANCE COMPANY, A CORPORATION, herein called the Company; insurers, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title, 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. Title priority of any lien or encumbrance over the lien ofthe insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B or the failure of tfae assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and e?q)enses incurred in defense ofthe title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WTFNESS WHEREOF DIVERSIFIED TFTLE INSURANCE COMPANY, A CORPORATION, has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. 1925 • = Q i -Ul • 1 ,\ 1925 /Oc Diversified Title Insurance Company, A Corporation By Attest President/Secretary Executive Vice President Countersigned: Authorized Signature 9A4 NCT-100 CLTA Stundaixl Coverage PoUcy 1990 Forni EXCLUSIONS FROM COVERAGE The followmg matters are expressly excluded from tbe coverage of this policy and the Coinpany will not pay loss or damage, costs, attomeys fees or eiqwnses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to buildhig or zoning laws, ordinances, or regulations) restricting, regulating, proMbtting or relating to (0 4e occupancy, use, or enjoyment of the land; (ii) ie character, dimensions or location of any improvement now or hereafler erected on the land, (iii) a sq)aration in ownership or a change in the dimensions or area of flie land OT any parcel ofwhich the land is or was a part; or (iv) environmental protection, or the eSect 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 Iras been recorded in the pubhc records at Date of Policy, (b) Any governmental police power not excluded by (a) above except to tire extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aflS»;ting the land has been recorded in die public records at Oate of PoUcy. 2. Rights of eminent d(xnais unless notice of the exercise thereof has been recorded in the pubhc records at Date of Policy, but not exchidingfrom coverage any taidng which has occurred prior to Date of Policy which would be binding on the ri^ of a purchaser for value without knowledge. 3. Defects, Uens, encombiances, advose claims, or other matters: (a) whether or not receded in tiie pubUc records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to (he Company, not recorded in the public records at Date of Policy, but Imown 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 PoUcy; or (e) resulting in loss or damage wfaicb would not have been sustained if the insured claimant had paid value for tbe insured mortgage or for the estate or interest insured by this policy. 4. UnenforceabiUty of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability OT faihjre of any subsequent owner of die indebtedness, to comply widi q>pUcable doing business laws ofthe state in which die land is situated. 5. bivaUdity or unenforceability ofthe Uen of die insured mortgage, or claim diereot which arises out of die transaction evidenced by die insured mortgage and is based upon usury OT any consumer credit protection or truth in loiding law. 6. Any claim, which arises out of die transaction vesting in die insured the estate or interest insured by this poUcy or die transaction creating die interest ofthe insured lender, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. CONOmONS AND STIPULATIONS (b) 1, DEFINITION OF TERMS Tbe foUowing terms when used in diis poUcy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to tbe interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corpraate or fiduciary successors. The term "insured" also includes (i) die owner of die indebtedness secured by the insured mortgage and each successOT in ownership of the indebtedness except a successor who is an obUgOT under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, aU rights and defenses a to any successor that the Company would have had against any predecessor insured, unless die successor acquired the indebtedness as a purchaser fOT value widiout knowledge of die asserted defect, Uen, encumbrance, adverse claim OT odier matter insured against by this poUcy as affecting title to die estate OT interest in the land); (ii) any govemmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing die named as an insured herein OT not; (iii) the parties designated in Section 2(a) of diese Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an hisured mortgage. (d) "insured mortgage": a mortgage shown in Sciiedule B, the owner of whidi is named as an insured in Schedule A. (e) "knowledge" OT "known": actual knowledge, not constructive knowledge OT notice which may be imputed to an insured by reason of the pubUc records as defined in this poUcy OT any other recOTds wliidi impart constiiictive notice of matters affecting die land. (f) "land": the land described, or referred to in Schedule A, and improvements affixed tiiereto wbich by law constitute real property. The term "land" does not include any property beyond die Unes of the area described OT refened to in Schedule A, nor any ri^ tide, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways OT waterways, but nothing herein shaU modify OT limit the extent to which a ri^ht of access to and fiom tbe land is insured by this poUcy. (g) "mortgage" : mortgage, deed of trust, tiiist deed, or other security instrument. (h) "pubUc reoOTds": records established undra' state statutes at Date of PoUcy for the puipose of imparting constructive notice of matters relating to real property to value and widiout knowledge. (i) "unmaiketabiUty of die tide": an aUeged or apparent matter affecting die tide to die land, not excluded or excepted from coverage, which would entide a purchaser of die estate or interest desoibed in Schedule A or die insured mortgage to be released from tbe obUgation to purchase by virtue of a contractual condition requiring the delivery of marketable tide. 2. CONTINUATION OF INSURANCE (a) After Acquisition of Tide by Insured Lender. If diis policy insures die owner of die I ndebtedness secured by die insured mortgage, die coverage of diis poUcy shaU continue in force as of Date of PoUcy in favOT of (i) such insured lender who acquires all of any part of die estate or interest in die land by foreclosures, trustee's sale, conveyance in Ueu of foreclosure, or other legal manner which discharges die lien of the insured mortgage; (ii) a transferee of die estate or interest so acquired fiom an msured corporation, provided the transferee is the subsidiary of die insured corporation, and their corporate successors by operation of law and not by purchase, subjea to any rights OT defenses die Company may have against any predecessor insureds; and (ui) any governmental agency OT which acquires all or any part of the estate or interest pursuant to a contract of insurance OT guaranty insuring or guaranteeing the indebtedness secured by die insured mortgage. (c) (c) (i) (ii) After Conveyance of Tide by an Insured. The coverage of diis poUcy shall continue in force as of Date of PoUcy in &VOT of an insured only so long as die insured retams an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shaU have liabdity by reason of covenants or warranty made by die insured in any transfer OT conveyance of tfae estate or interest. This poUcy shall not continue in force in fiivOT of any pOTChaser from an insured of eidier (i) an estate or interest in tbe lan4 or (ii) an indebtedness secured by a purchase money mortgage given to an insured. Amount of Insurance: The amount of insurance afiOT the acquisition OT after the conveyance by an insured lender shaU in neither event exceed die least of: die amount of insurance stated in Schedule A; the amount ofthe principal of the indebtedness secured by tbe insured mortgage as of Date of PoUcy, interest thereon, expenses of foreclosure, amounts advanced pursuant to die insured mortgage to assure compUance widi laws or to protect the Uen of the insured mortgage prior to die time of acquisition of the estate or interest in tfae land and secured diereby and reasonable amounts expended to prevent deterioration of improvemmts, but reduced by the amount of aU payments made; or (iii) the amount paid by any govemmental agency or governmental instrumentality, if the agency or instrumentality is die insured claimant, in the acquisition of the estate or interest in satisfiiction of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT An insured shaU notify die Company prompdy in writing (i) in case of any Utigation as set forth in 4(a) below, (ii) in case knowledge shaU come to an insured hereunder of any claim of tide or interest which is adverse to die tide to the estate or interest OT tbe Uen of the insured mortgage, as insured, and which mi^t cause loss or damage for which the Company may he Uable by virhie of dus poUcy, OT (iii) if tide to die estate or interest OT die Uen of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to tbe Company, then as to that insured all Uability of die Company shall terminate with regard to the matter or matters for required; provided, howevCT, that feilure to notify die Company shaU in no case in^udice die rights of any insured under this poUcy unless die Company shall he prejudiced by tbe failure and then only to die extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, tfae Corqiany, at its own cost and widiout unreasonable delay, shall provide for die defense of such insured in litigation in which any diird party asserts a claim adverse to die tide OT interest as insured, but only as to diose stated causes of action aUeging a defect, Uen or encumbrance OT other matter insured against by this poUcy. The Company shall have die right to select counsel of its choice (subject to the ri^t of such insured to object fOT reasonable cause) to represent die insured as to those stated causes of action and shall not be liable fbr and will not pay the fees of any otiier counsel. The Company wiU not pay any fees, costs or expenses incurred by an insured in tbe defense of those causes of action which aUege matters not insured against by diis policy. (b) The Company shall have the ri^t, at its own cost, to institute and prosecute any action or proceeding OT to do any other act which in its opinion may be necessaiy OT desirable to estabUsh the tide to die estate or interest or the Uen of the insured mortgage, as insured, or to prevent or reduce loss OT damage to an insured. The Company may take any appropriate action under die terms of this policy, whedier OT not it shall be liable hereunder, and shall not thereby concede UabiUty or waive any provision of this poUcy. If the Company shaU exercise its rights under this paragraph, it shaU do so diligendy. Whenever the Coinpany shall have brought an action or interposed a defense as required or permitted by the provisions of this poUcy, tfae Company may pursue (c) any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all oases where diis policy pennits or requires die Company to prosecute or provide fbr die defense of any action OT proceeding, an insured shall secure to die Company ifae right to so prosecute or provide defense in die action OT prticeeding, and aU appeals dierein, and pemiit die Coinpany to use, at its option, tbe name of such insured fbr diis purpose. Whenever requested by die Company, an insured, at he Company's expoise, sbaU give the Compaiqr all reasonable aid (i) in any action r proceeding, securing evidence, obtaining wimesses. prosecuting or defending die action or proceeding, or effecting setdement, and (ii) in any odier lawfiil act wbich in the opinion of tbe Carapsny may be necessaiy OT desirable to estabUsh the tide to tfae estate OT interest OT die Uen of die insured mortgage, as insured. If die Company is prejudiced by the &ilure of an insured to fiimish the required cooperation, die Company's obUgations to such msured under the poUcy shaU terminate, including any liability OT obligation to defend, prosecute, or continue any litigation, widi regard to die matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE lh addition to and after the notices required under Section 3 of these Craiditions and Stipulations have been provided die Cranpany, a proof of loss or damage signed and swom to by each insured claimant shaU be fiimished to die Conqiany widiin 90 days after the insured claimant shall ascertain the fects giving rise to the loss OT damage. The proof of loss or damage shall describe die defect in, or Uen or encumbrance on the tide, OT odier matter insured against by this poUcy which constitutes die basis of loss OT damage and shaU state, to die extent possible, die basis of calculating the amount of die loss or dmnage. If tfae Company is prejudiced by die &iluTe of an insured claimant to provide die required proof of loss OT damage, tfae Company's obUgations to such insured under die policy shall tenninate, inchiding any Uability or obligation to defend, prosecute, or contirme any litigation, witfa regard to the matter or matters requfring such proof of loss or In addition, an insured claimant may reasonably be required to submit to examination under oadi by any autiiorized representative of die Company and shaU produce for exammation, inspection and copying, at sucfa reasonable times and places as may be designated by any audioiized representative of die Company, aU records, books, ledgers, checks, correspondence and memoranda, whether being a date before or after Date of Policy, which reasonably pertain to die loss OT damage. Further, if requested by any authorized representative of the Company, die insured claimant shaU grant its permission, in writing, for any authorized representative of die Company to examine, inspect and copy aU records, books, ledgers, checks, correspondence and memoranda in the custoify or confrol of a diini party, wbich reasonably pertain to die loss or damage. AU infoirnation designated as confidential by an insured claimant provided to die Coinpany pursuant to diis Section shaU not be disclosed to odieis unless, in the reasonable judgment of the Company, it is necessary in die administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested infonnation or grant pennission to secure reasonably necessaiy information from durd parties as required in this paragraph, or goveminental regulation, shaU terminate any UabiUfy of tbe Company unless prohibited by law under diis poUcy as to diat insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: THE TERMINATION OF LIABILrTY In case of a claim under this poUcy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to pay or tender payment of tfae amount of insurance under this poUcy togetiier with any costs, aUomeys' fees and expenses incuned by die insured claimant, wbich were authorized by the Company, up to the time of payment OT tender of payment and which tfae Conqiany is obUgated to pay; or (u)in case loss or damage is claimed under dus policy by the owner of the indebtedness secured by die insured mortgage, to purchase the indebtedness secOTCd by the insured mortgage for tfae amount owing thereon together widi any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to tfae time of purchase and which the Company is obligated to pay. If the CompaiQ' offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together witfa any collateral security, to the Company upon payment therefor. Upon tbe exercise by the Company of the option provided fbr in paragraph a (i), aU UabiUty and obUgations to die insured under diis policy, odier than to make the payment required in diat paragr^h, shaU terminate, including any UabiUty OT obligation to defiaid, prosecute, OT continue any Utigation, and tfae policy shall be surrendered to tfae Company for canceUation. Upon tfae exercise by die Company of tbe option provided fOT in paragr^h a (ii) the Conqiany's obUgation to an insured Lender under this poUcy for the claimed loss or damage, odier than tbe payment required to be made, shaU tenninate, including any UabiUty or obligation fo defend, prosecute or continue any litigation. (b) To Pay or Otiierwise Setde Widi Parties Odier dian die Insured or Widi die Insured Claimant. (i) to pay OT othrawise setde with other parties fbr OT in die name of an insured clahnant any claim insured against under this poUcy, togetiier witfa any costs, attorneys' fees and eiqienses incurred by tfae insured claimant which were autiiorized by die Company up to die time of payment and which the Company is obUgated to pay; OT (ii) to pay OT otherwise setde widi the insured claimant die loss or damage provided fOT under this poUcy, together with any costs, attomeys fees and expenses incurred by the insured claimant which were autfaorized by the Company up to the time of payment and wbich die Coinpany is obUgated to pay. Upon the exercise by tfae Company of eitiier of the options provided for in paragraphs b(i) or b(ii). the Conqiany's obUgations to the insured under this poUcy fOT die claimed loss or damage, other dian die payments required to be made, shaU terminate, including any UabiUfy or obligation to defend, prxisecute or continue any Utigation. 7. DETERMINATION AND EXTENT OF LIABIUTY This poUcy is a contract of indemnify against actual mraietary loss OT damage sustained OT incurred by the insured claimant who has sufi«ed loss or damage by reason of matters insured against by this poUcy and only to the extent herein described. (a) The UabiUfy of tbe Company under this poUcy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if ^Ucable, die amount of insurance as defined in Section 2(c) of these Conditions and Stipulations; (u) die amount of die rmpsdd principal indebtedness secured by tbe msured mortgage as limited OT provided undo' Section 8 of these Conditions and Stipulations or as reduced under Section 9 of diese Conditions and Stipulations, at the time die loss or damage insured against by this poUcy occurs, together with interest thereon; OT (iii) die difference between die value of the insured estiite or interest as msured and die value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this poUcy. (b) In the event the insured lender bas acquired die estate OT interest in die matter described in Section 2(a) of diese Conditions and StipulatiOTis OT has conveyed die tide, dien die UabiUfy of die Company shaU continue as set fordi in Section 7(a) of these Conditions and Stipulations. (c) The UabiUfy of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of (i) die Amount of die Insurance stated in Schedule A; or, (u) the difference between the value of die insured estate or interest as insured and die value of the insured estate OT mterest subject to tfae defect, lien or encumbrance insured against by this poUcy. (d) The Company win pay onfy diose costs, attorneys' fees and expenses incuned in accordance with Section 4 of these Conditions and Stipulations. 8. LIMrrATIONOFLL\BILrrY (a) If die Company estabUsbes die tide, OT removes die alleged defect, lien or encumbrance, or cures die lack of a right of access to or from tfae land, or cures the claim of umnaiketabiUfy of tide, or otherwise establishes the Uen of tbe insured mortgage, all as insured, in a reasonably diUgent manner by any mediod, including Utigation and the completion of my ^peals tberefrom, it shall have fuUy performed its obUgations widi respect to that matttf and shall not be liable for any loss or damage caused diereby. (b) In the event of any Utigation, including Utigation by the Company or witii the Company's consent, the Company shaU have no UabiUfy fbr loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of ali appeals therefiom, adverse to die tide, or, if appUcable, to die Uen of die msured mortgage, as insured. (c) The Company shaU not be liable for loss OT damage to any insured for liability voluntarily assumed by tbe insured in settling any claim OT suit widiout the prior written consent of tfae Company. (d) The Company shaB not be liable to an insured lender for (i) any indebtedness created subsequent to Date of PoUcy except fOT advances made to protect die lien ofthe insured mortgage and secured thereby and reasonable amounts expended to pievent deterioration of inqirovements; or (u) construction loan advances made subsequent to Date of PoUcy, except construction loan advances made subsequent to Date of PoUcy fOT the puipose of financing in whole OT in part the construction of an improvement to tfae land wliich at Date of Policy were secured by die insured mortgage and which tfae insured was and continued to be obUgated to advance at and after Date of PoUcy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABE.ITY (a) AU payments under this poUcy, except payments made fOT costs, attorneys' fees and expenses, shaU reduce tbe amount of insurance pro tanto. However, as to an insured lender, any payments made prior to tfae acquisition of tide to die estate or interest as provided in Section 2(a) of diese Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this poUcy as to any such insured, except to the extent diat tfae payments reduce the amount of die I indebtedness secured by die insured mortgage. (b) Payment in part by any person of die principal of the indebtedness, or any other obUgation secured by die insured mortgage, or any voluntary partial satisfectioo OT release of die insured mortgage, to the extent of tfae payment, satisfection or release, shaU redace tfae amount of insurance pro tanto. The amount of insurance may tiiereafter be increased by accruing interest and advances made to protect the Uen of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater dian die Amount of Insurance stated in Schedule A. (c) Payment in fuU by any person OT the voluntary satisfaction or release of the insured mortgage shall tenninate aU UabiUfy of tfae Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. LL^BIUTYNONCUMl^ATIVE It is eiqiressly understood tfaat tfae amount of insurance under this poUcy shaU lie reduced by any amount tfae Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which die insured has 11. (a) (b) agreed, assumed, OT taken subject, OT which is hereafter executed by an insured and which is a charge OT Uen on tfae estate or interest described OT referred to in Schedule A, and the amount so paid shall be deemed a payment under this pob'cy to die insured owner. The provisions of diis Section shall not apply to an insured lender, unless such insured acquires tide to said estate OT interest in satisfaction of the mdebtedness secured by an insured mortgage. PAYMENT OF LOSS No payment shaU be made without producing this poUcy fOT endorsement of tbe payment unless die policy has been lost OT destroyed, in which case proof of loss or destruction shaU be famished to the satisfection of the Company. When liabilify and die extent of loss OT damage has been definitely fixed in accordance with diese Conditions and Stipulations, the loss or damage shall be payable widiin 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Canpanys Right of Subrogation. Whenever die Company shaU liave setded and paid a claim under diis poUcy, all right of subrogation shall vest in die Company unaffected by any act of die insured claimant The Company shall be sutaxigated to and be entitied to all rights and remedies which the insured claimant would have had against any person OT property in respect to die claim had diis poHcy not been issued. If requested by the Company, the insured cbrimant shaU transfer to the Coinpany all rights and remedies against any person OT property necessary in order to perfect this right of subrogation. The insured claimant shaU pennit the Company to sue, compromise OT setde in die name of die insured claimam and to use die name of die insured claimant in any transaction OT litigation involving diese ri^ts OT remedies. If a payment on account of a claim does not fiiUy cover die loss of the insured claimant, die Company shall be subrogated (i) as to an insured owner, to all rights and remedies in tbe proportion which tbe Company's payment bears to die whole amount of the loss: and (ii) as to an insured lender, to aU rights and remedies of the insured cUumant after the insured claimant sbaU have recovered its principal, interest, and costs of cdlection. If loss should result from any act of die insured clannant, as stated above, tfaat act shall not void tbis pohcy, but die Company, in that event, shall be required to pay only that part of any losses insured against by diis poUcy wfaicfa shaU exceed die amount, if any. lost to tbe Company by reason of the impairment by the insured claimant of die Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of die indebtedness secured by an insured mortgage, provided die priority of the Uen of die insured mortgage OT its enforceabiUfy is not affected, may release or substitute tbe personal UabiUfy of any debtor or guarantor OT extraid OT otherwise modify the teims of payment, OT release a portion of die estate or interest from the Uen of die insured mortgage, OT release any collateral securify for the indebtedness. When the permitted acts of die insured claimant occur and die insured has knowledge of any claim of tide or interest adverse to die tide to die estate OT interest or die priorify or enfiirceabiUfy of die lien of an insured mortgage, as insured, die (Company shall be required to pay only that part of any losses insured against by this poUcy which shall exceed the amount, if any, lost to the Company by reason of die impairment by die insured claimant of the Company's rigid of subrogatiOTi. (c) The Company's Ri^ Against Non-insured Obligors. The Company's right of subrogation against non-insured obUgors shall exist and shall include, without limitation, die rights of die insured to indemnities, guaranties, other poUcies of insurance or bonds, notwithstanding any terms or conditions contained in diose mstiuments n4iich provide fOT subrogation ri^its by reason of this poUcy. The Company's right of subrogation shall not be avoided by acquisition of an I insured mortgage by an obUgOT (except an obUgOT described in Section l(aXn) of diese Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnify, guarantee, other policy of insurance, or bond and tbe obUgor will not be an insured under this policy, notwithstanding Section l(aX>) of these Conditions and Stipulations. 13. ARBITRATION Unless prohibited by appUcable law, eidier die Company or die insured may demand aibibatiOTi pursuant to the Tide Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy OT claim between tfae Company and the insured arising out of or relating to this poUcy, any service of die Company in connection widi its issuance OT the breach of a poUcy provision or odiier obligation. All arbitrable matters when tbe Amount of Insurance is $1,000,000 or less shaU be arbitrated at die option of eidier the Compaiiy OT die insured. All arbitrable matters vdien tiie Amount of Insurance is in excess of $1,000,000 shaU be aibitrated only when agreed to by bodi the Company and the insured. Arbitiation pursuant to diis poUcy and under die Rules in effect on die date die demand for aibibation is made or, at the option of tfae insured, tfae Rules in effect at Date of PoUcy sfaaU be binding upon the parties. The award may include attorneys' fees only if die laws of die state in which the land is located pennit a court to award attorneys' fees to a prevaiUng party. Judgment upon the award rendered by tbe Arbittator(s) may be entered in any court having jurisdiction thereof The law of the sihis of die land shaU apply to an arbitiation under die Tide Insurance Arbitration Rules. A copy of die Rules may be obtained fiom die Company upon request. 14. LL\BILrrYLIMrrED TO THIS POUCY; POUCY ENTIRE CONTRACT (a) This poUcy togetiier widi aU endorsements, if any, attached hereto by die Company is the entire poUcy and contract between the insured and the Company. In interpreting any provision of this policy, this poUcy shall be construed as a whole. (b) Any claim of loss or damage, wfaedier OT not based OTI negUgence, and n4iich arises out of the status of the Uen of the insured mortgage OT of die tide to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this poUcy. (c) No amendment of OT endorsement to tiiis poUcy can be made except by a writing endorsed faereon OT attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating officer OT autfaorized signatory of die Company. 15. SEVERABELrrY In die event any provision of the poUcy is held invaUd OT unenforceable under appUcable law, die poUcy shall be deemed not to include diat [x-ovision and aU odier provisions shaU remain in fiiU force and effect. 16. NOTICES, WHERE SENT All notices required to be givm the Company and any statement in writing required to be fumished die Company shall include tfae number of this poUcy and shah be addressed to the Company at: Diversified Tide Insurance Company, A Corporation National Claims Administration 220 S. Hartior Blvd., 8" floor Anaheim, CA 92805 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or eiqienses) which arise by reason of PARTI 1. Taxes or assessments which are not shown as existing Uens by the records of any taxing authorify that levies taxes or assessments on real property or by die public recOTds Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency OT by die public records. 2. Any facts, rights, interests or claims which are not shown by die pubUc recOTds but wbich could be ascertained by an mspection of die land OT which may be asserted by persons in possession thereof. 3. Easements, Uens OT encinnbrances, OT claims diereof; n4iich are not shown by the pubUc records. 4. Discrepancies, conflicts in boundaiy Unes, shortage in area, encroachments, OT any odier bets which a correct survey would disclose, and which are not shown by die pubUc recOTds. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing tfae issuance tfaereof; (c) water rights, claims to tide to water, whether or not the matters excepted under (a), (b) or (c) are shown by die pubUc records. Diversified Title Insurance Company, A Corporation Schedule A Policy Number: 100-M5307045 Date of PoUcy: APRIL 30,2004 at 4:09 P.M. Order Number: M5307045-24 Reference Number: LOWRY Amount of Insurance: $350,000.00 Preinium: $ 1,150.60 1. Name of Insured: CAZADERO HOMES, INC. 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested in: CAZADERO HOMES, INC. 4. The land referred to in this Policy is situated in the County of SAN DIEGO, State of California, and is described as follows: SEE ATTACHED "EXfflBIT A" Diversified Title Insurance Company, A Corporation Policy Number: 100-M5307045 Order Number: M5307045-24 Exhibit "A" LOT 306 OF LA COSTA MEADOWS UNIT NO. 2, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6905, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21,1971. Diversified Title Insurance Company, A Corporation Policy Number: 100-M5307045 Order Number: M5307045-24 Schedule B This Policy does not insure against loss or damage (and the company will not pay costs, attomey fees, or expenses) which may arise by reason of: Parti All matters set forth in paragraphs one through five inclusive on the inside of the cover of this policy under the caption Part I of this Schedule B. Part II A. All general and special county and city taxes, including any bonds and assessments collected with the taxes to be levied for the Fiscal Year 2004 to 2005, which are a lien not yet payable. B. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of chapter 3.5, (commencing with section 75) ofthe Revenue and Taxation Code of the State of Califomia. C. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. Covenants, conditions and restrictions, (deleting therefi-om any restrictions indicating any preference, limitation or discrimiriation based on race, color, religion, sex, handicap, familial status or national origin), as contained in an instrument recorded MAY 6,1971, as document number 71-93263, of OfiBcial Records. Said instmment provides that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. "If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.1 of the govemment code. Lawful restrictions imder state and federal law on the age of occupants in senior housing or housing for older persons shall not be constmed as restrictions based on familial status." 3. A Deed Of Trust To Secure An Indebtedness of $175,000.00, and any other amounts as therein provided, recorded APRIL 30,2004, as document number 2004-0390627, of Official Records. Dated Trustor Trustee Beneficiary APRIL 28,2004 CAZADERO HOMES, INC. l^^ PACIFIC BANK OF CALIFORNIA 1^"^ PACIFIC BANK OF CALIFORNIA (End of Schedvile B Items) CLTA FORM 100.30 Anti-Discrimination ENDORSEMENT ATTACHED TO POLICY NO. 100-M5307045 ATTACHED TO ORDER NO. M5307045-24 ISSUED BY DIVERSIFIED TITLE INSURANCE COMPANY, A CORPORATION The Company hereby assures the Insured against loss or damage which the Insured shall sustain by reason of: The enforcement or attempted enforcement of any covenant, condition or restriction that unlawfully limits the use, occupancy or ownership of the land on the basis of sex, color, race, religion, ancestry, national origin, familial status, marital status or disability. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements nor does it increase the face amount thereof. DIVERSIFIED TITLE INSURANCE COMPANY, A CORPORATION Dated: APRIL 30, 2004 By: Notice "The map attached hereto is being provided solely at your request. It may or may not be a survey of &e land depicted thereon. Therefore, you should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. References to acreage or square footage may or may not be accurate and therefore should also not be relied upon. This m^ is not part of the contract insurir^ or indemnifying owners of real or personal property or holders of liens or encumbrances thereon. It is not a part of a preliminary report for title msurance, or the policy of title insurance itself. Diversified Title Insurance Company, A Corporation and Diversified Title & Escrow Services Company expressly disclaim any and all liability for loss or damage which may result fi'om reliance upon the map." DIVERSIFIED TITLE INSURANCE COMPANY DIVERSIFIED TITLE & ESCROW SERVICES COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE Title V ofthe (jramm-Leach-BIiley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, fi-om sharing nonpublic personal information about you with a nonaffiliated third party imless the institution provides you with a notice of its privacy policies and practices, such as the type of infonnation that it collects about you and tiie categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Diversified Title Insurance Company and Diversified Title & Escrow Services Company. We may collect nonpublic personal information about you ftom the following sources: Infonnation we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from [our affiliates] or others. Information we receive from a consimier reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above infonnation that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as pennitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fiilfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintam physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. FIL iL u City of Carlsba Planning Department NOTICE OF REQUEST FOR A TWO UNIT CONDOMINIUM PERMIT Notice is hereby given that a condominium permit has been applied for to allow a two-unit condominium permit on property generally located at 2819 Cazadero Drive (AP#215-320-45) Carlsbad, California, and more particularly described as: Lot 306, La Costa Meadows, No. 2, in the City of Carlsbad, County of San Diego, State of California, Map 6905 If you have any objections to the granting of this variance or wish to have an informal hearing to discuss the requested variance, please notify the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Greg Fisher in the Planning Department at 602-4629. CASE NO.: CP 05-21 CASE NAME: CAZADERO HOMES DATE: DECEMBER 21, 2005 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us I I na COHY OF A MAP IS TO Bu USI^D Ab AH AID FOt? LfiC:ATING l.AML) V/ITH Rirt;^;^! TO STRIDET?; AHD OillEiM'ARCEI.S. IT 13 NOT A SU-iVILV. V;^i li! 1 Tl ilS P: r;T IS Bt:i.!c''f:D TO GE coi;rihcr, THL CO; .PAIIV AcSUMES HO LIABILIT'i' r'l'ji'i .-M,' i.OSo OCClJliaiHa bY RE/.aON3 OF liELIAKCJ 11 iLtUOil 0^ ?4 I* COIHDM. NOTC: EACH SUB. ID. INCLXOes AN UND, 1/2 INT t CXCUBIVE RICHT TO USE RESTMICreo COyUGN AWEiTHR *• '^'i PLAN WITHIN I c.j.c. 5«ll DIEM COUKTt USESSM'S H»r t< Jli PG }2 THIS MAP SHOULD BE US y'lSPAssgweppcfrTHB^^d^^ ^. r«,^^cL.o COMPLY WITH LOtfAti«bdeiVtetbff6R BUILDING ORDINANCES. MAP 6905 N LA COSTA HEADOBS UNIT NO. 2 ^;E PURPOSES ONLY, NO LIABILITY lATA SHOWN. PARCELS MAY NOT LOTS 267-284, 296-310. 318.319. 3%-361 £ CD Q CO O •. o •.§ ^ IS Q O NOTICE OF EXEMPTION To: Office of Planning and Research From: CITY OF CARL^pAfif^^W'Gofp^^ P.O. Box 3044 Planning Depar^^iient „'^''>o/ ^'^ Sacramento, CA 95812-3044 1635 Faraday AveqtiK? Carlsbad CA 9200^ County Clerk (760) 602-4600 County of San Diego Attn: Rita Garcia, Room 260 1600 Pacific Highway San Diego CA 92101 Subject: Filing ofthis Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Title; CP 05-21 - Cazadero Homes Project Location - Specific; 2817-2819 Cazadero Drive Project Location - City; Carlsbad Project Location - County; SanDiego Description of Project; Convert two existing detached dwelling units into condominium ownership Name of Public Agency Approving Project; Citv of Carlsbad Name of Person or Agency Carrying Out Project; Greg Fisher Name of Applicant; Bob Sukup Applicant's Address; 4322 Sea Bright Place. Carlsbad. CA 92009 Applicant's Telephone Number; 760-720-0098 FILE Sreflory J. Sirntn, Reeotilw/Comity Cterk Exempt Status; {Check One) • Ministerial (Section 21080(b)( 1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); 13 Categorical Exemption - State type and section number: 15301(k) • Statutory Exemptions - State code number: MAY 22 2006 BVL DEPUTY Reasons why project is exempt; Conversion of small structures Lead Agency Contact Person; Greg Fisher Telephone; (760) 602-4629 :K^^nni 5"-/7-a; MARCELA ESC0BAR-ECK/71anning Director Date received for filing at OPR: Date FILED IN THE OFFiCE OF THE COUNTY CLERK San Diego County on _ MA • .-^ 4 Posted MAV 0 ') /iii. Returned to agency oj>7 JUN 2 2 IW^.^^ Revised November 2005 Deputy M JUN 22 •/or STATE OF CALIFORNIA - TFIWlESOUROES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a <8-03) Lead Agency: City of Carlsbad County / state Agency of Filing: San DiegO 272819 Date: 05/22/2006 Document No.: Project Title: CP 05-21 - Cazadero Homes Project Applicant Name: Bob Sukup Phone Number: (760) 720-0098 Project Applicant Address: 4322 Sea Bright Place, Carlsbad, CA 92009 Project Applicant (cftecfcappropriafe box): Local Public Agency Q School District Q Other Special District | | state Agency Private Entity ^/j CHECK APPLICABLE FEES: $850.00 $1,250.00 $850.00 $850.00 $25.00 ) Environmental Impact Report ) Negative Declaration ) Application Fee Water Diversion {State Water Resources Control Board Only) ) Projects Subject to Certified Regulatory Programs ) County Administrative Fee /) Project that is exempt from fees ^ " TOTAL RECEIVED Signature and title of person receiving payment: WHITE - PROJECT APPUCANT YELLOW - DFG/FASB V 0.00 Deputy PINK-LEAD AGENCY GOLDENROD - STATE AGENCY OF FlUNG NOTICE OF EXEMPTION To: Office of Planning and Research From: P.O. Box 3044 Sacramento, CA 95812-3044 _ „ „ F D L County Clerk f^ecorder/County cm County of San Diego MAD 1 c; 9nnR Attn: Rita Garcia, Room 260 1600 Pacific Highway San Diego CA 92101 ^ BY. CITY OF CARLSBAD Planning Department #^ vvs*^"^ 1635 Faraday Avenue Carlsbad CA 92008 (760) 602-4600 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title: CP 05-21 - Cazadero Homes Projeet Location - Specific: 2817-2819 Cazadero Drive Projeet Location - City: Carlsbad Project Location - County: San Diego Description of Project: Convert two existing detached dwelling units into condominium ownership Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project; Greg Fisher Name of Applicant: Bob Sukup Applicant's Address: 4322 Sea Bright Place, Carlsbad. CA 92009 Applicant's Telephone Number: 760-720-0098 Exempt Status: {Check One) • Ministerial (Section 21080(b)( 1); 15268); n Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); 13 Categorical Exemption - State type and section number: 1530Kk) • Statutory Exemptions - State code number: Reasons why project is exempt: Conversion of small structures Lead Agency Contact Pej^O^: Greg Fisher Telephone: (760) 602-4629 CELA ESCOBAR-ECK, Planning Director Date received for filing at OPR: ^^^^^^ ^. ^^^^^^ CLERK San Diego County on MAR 1 5 2QQP Posted MAR 1 Fi 'hm Removed . APRjJ Date Returned to agenc^on Deputy APP 1771B" Revised November 2005 STATE OF CALIFORNIA - THE RESOUR( DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH Rl DFG 7§3.^ (8-03) Lead Agency: [^t^ f-j-Ct^fPhd i^SAGE {^reiPT AGENCY County / State Agency of Filing: OKJ^^ Project Titie: (} P OS'Zi - fC/Z^^/t? HmtS ife70130 Dofiuriaent No.: CO Nurnber: 7/<y--^^^ Project Applicant Name: Project Applicant Address: Project Applicant (check appropriate box); Local Public Agency Sch&i^jPjgtgc^^ ^-^^jptfier Special District ^] State Agency | | CHECK APPLICABLE FEES: ) Environmental Impact Report ) Negative Declaration ) Application Fee Water Diversion (State Water Resources Control Board Only) ) Projects Subject to Certified Regulatory Programs ) County Administrative Fee (1/) Project that is exempt from fees ^ ^--1 TOTAL RECEIVED rEntity $850.00 $1,250.00 $850.00 $850.00 $25.00 Signature and title of person receiving payment: WHJTE-PROJECT APPLICANT YELLOW-DFG/FASB PINK-LEAD AGENCY GOLDENROD-STATE AGENCY OF FILING NOTICE OF EXEMPTION Tr To: Office ofPlanning and Research From: CITY OF Cto^SBMjJ^ #i ^ %\ P.O. Box 3044 Planning D^^rtment ^^jtt^i^ w Sacramento, CA 95812-3044 ~ „ „ _ 1635 Farada^ve^*e , F 11 L E D Carlsbad County Clerk '^rBgoryJ. Smith, RecofHer/County Clfrk (760) 602-4600 County of San Diego u A D 1 i; 9nnc ^^^^93^5 Attn: Rita Garcia, Room 260 "AK I D ZOUD 1600 Pacific Highway Jl^.^ San Diego CA 92101 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Title: CP 05-21 - Cazadero Homes Project Location - Specific; 2817-2819 Cazadero Drive Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Convert two existing detached dwelling units into condominium ownership Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Greg Fisher Name of Applicant: Bob Sukup Applicant's Address: 4322 Sea Bright Place. Carlsbad. CA 92009 Applicant's Telephone Number; 760-720-0098 Exempt Status: {Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: lS301(k) O Statutory Exemptions - State code number: Reasons why project is exempt; Conversion of small structures Lead Agency Contact Pej»sffla; Greg Fisher ^ Telephone; (760) 602-4629 LCELATESCOBAR-ECK, Planning Djffector ' / Date Date received for filing at OPR: ^^^^^ ,^ ^^^^^^ ^^^^^ ^^^^^ San Diego County on MAR 1 R 200^ Posted MAR 1 !^ im Removed Returned to agency)n^_^^ Revised November 2005 Deputy Citv of Carlsbad Planning Department March 6, 2006 Bob Sukup The Sea Bright Company 4322 Sea Bright Place Carlsbad, CA 92009 SUBJECT: CP 05-21/MS 05-11 - CAZADERO HOMES The City has completed a review of the application for a two-unit condominium development located at 2817 - 2819 Cazadero Drive. It is the Planning Director's determination that based on the attached conditions, the project is consistent with the City's condominium regulations (Chapter 21.45) and with all other applicable City Ordinances and Policies. Further, the project has been found to be categorically exempt from environmental review according to Section 15301(k) of the California Environmental Quality Act and a Notice of Exemptions was filed on March 6, 2006. This memo, including the listed findings and conditions, constitutes approval of CP 05- 21. Findings: 1. The project is consistent with the City's General'Plan Land Use Element, and with all other elements of the City's General Plan, in that the site has a Residential Medium (RM) land use designation, which allows 4-8 dwelling units per acre with a growth management control point of 6 dwelling units per acre. The site consists of two existing single-family residences with a density of 6.06 dwelling units per acre. 2. Adequate public facilities necessary to serve this project will be provided as required by the City Engineer in conjunction with the approval of the parcel map required for this project. The project Involves the condominium conversion of two existing detached dwelling units, In which all necessary public facilities are constructed and in place. 3. That the proposed project complies with all applicable development standards included within Chapter 21.45, in that all applicable development standards of Chapters 21.45 and 21.12 have been met and the project is not requesting a variance from any of the required standards. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 05-21/MS 05-11 - CAZADERO HOMES March 6, 2006 Page 2 4. That the proposed project's density, site design and architecture are compatible with surrounding development, in that the condominium conversion Is for two existing detached slngle-femily residences in a neighborhood made of similar single-family, duplex and two-family structures, many of which have been previously converted to condominiums. 5. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(K) - Existing Facilities, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless othenvise specified herein, all conditions shall be satisfied prior to Recordation of the Parcel Map. 1. Approval is granted for CP 05-11 as shown on Exhibits "A" - "E" dated March 6, 2006, on file in the Planning Department and incorporated herein by reference. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Condominium Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. CP 05-21/MS 05-11 - CAZADERO HOMES March 6, 2006 Page 3 5. If any condition for construction of any public improvements or facilities, or the payment of any fees In-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Condominium Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions! This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body prior to Parcel Map approval of MS 05-11. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the San Marcos School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities wili continue to be available until the time of occupancy. 11. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: CP 05-21/MS 05-11 - CAZADERO HOMES March 6, 2006 Page 4 a. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be earned out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied bv the Citv. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the l^nd and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special CP 05-21/MS 05-11 - CAZADERO HOMES March 6, 2006 Page 5 assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . f. Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall, be as set forth in Exhibit . 12. Prior to the recordation of the Parcel Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Condominium Permit CP 05-11 - CAZADERO HOMES on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs forthe project shall include this requirement. 14. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. 15. Developer shall pay park-in-lieu fees to the City, prior to the recordation of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 16. Developer shall give all notices of the condominium conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. 17. Prior to issuance of a building permit, the developer shall submit one (1) copy of a compliance inspection performed on the property by the Building Department. 18. Approval of this request shali not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as othenvise specifically provided herein. 19. This approval is granted subject to the approval of MS 05-11 and is subject to all conditions contained in MS 05-11 for those other approvals. CP 05-21/MS 05-11 - CAZADERO HOMES March 6, 2006 Page 6 General 20. Addresses, approved by the Building Official, shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color, as required by Carlsbad Municipal Code Section 18.04.320. NOTICE t Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any further questions, please call Greg Fisher in the Planning Department at (760) 602-4629. Sincerely, DON NEU Assistant Planning Director DN:GF:ls Attachment c: David Rick File Copy Data Entry Citv of Carlsbad Public Works Engineeri March 6, 2006 Bob Sukup The Sea Bright Company 4322 Sea Bright Place Carisbad, CA 92008 PROPOSED MINOR SUBDIVISION NO. 05-11, CAZADERO HOMES PUD A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a final parcel map. Engineering Conditions: General 1. This minor subdivision is subject to the approval and conditions of CP 05-21. 2. Prior to hauling dirt or construction materials to or from any proposed construction site within this project. Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 4. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^ Fees/Aqree/nente 6. Prior to approval of any grading or building permits for this project. Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer Ded/catfonsZ/mprovenrente 7. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "Califomia Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 8. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. Ifyou have any questions, you may contact David Rick at (760) 602-2781. ROBERT J. WOJCIK Deputy City Engineer c: Assistant Engineer, David Rick Project Planner, Greg Fisher File MS 05-11 2 03/06/2006 Citv of Carlsbad Public Works Engineeri January 9, 2006 Bob Sukup 4322 Sea Bright Place Carlsbad, CA 92008 MS 05-11: CAZADERO HOMES PUD INCOMPLETE APPLICATION & SECOND ISSUES REVIEW Thank you for applying for Land Use Permits within the City of Carlsbad. Engineering Department staff has reviewed the tentative parcel map as to its completeness for processing. The application is considered incomplete, as submitted. Although the initial processing ofthe application may have already begun, the technical acceptance date will be acknowledged the date that the application is found complete. Staff may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. INC0MPLEt&ITEMS:.;..y^4-!:;^;;- : 1. Provide a scaled 300 foot radius map on a 8 x 11" paper. The maps that were submitted are on several 11" x 17" paper. 2. School District letter from San Marcos indicating that school facilities will be available to the project. ENGINEERING ISSUES: 3. Revise the enclosed redlined tentative parcel map and submit 3 copies of said revised map and the original redlined map with your next submittal. If you have any questions regarding the engineering issues of concern please contact me, your project engineer, at (760) 602-2781. Rick Assistant Engineer Attach: Redlined Tentative Parcel Map c: (letter only) file Robert Wojcik, Deputy City Engineer, P.E., - Land Development Section Greg Fisher - Assistant Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 FILE COPY Citv of Carlsbad Planning Department December 21, 2005 Bob Sukup 4322 Sea Bright Place Carlsbad, CA 92008 SUBJECT: CP 05-21 - CAZADERO HOMES The items requested from you earlier to make your Condominium Permit, application no. CP 05- 21 complete have been received and reviewed by the Planning Department. It has been detennined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Greg Fisher, at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Assistant Planning Director DN:GF:aw ile Copy, iifa~Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 05-21- CAZADERO H^fcs December 21, 2005 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: None Engineering: None ISSUES OF CONCERN Planning: Please provide the City's application number on the plans, CP 05-21. Engineering: All outstanding issues will be addressed in the Minor Subdivision (MS 05-11) letter. Citv of Carlsbad Planning Department November 28, 2005 Bob Sukup 4322 Sea Bright Place Carlsbad, CA 92008 SUBJECT: CP 05-21 - CAZADERO HOMES Before the Planning Director can make a decision on your application, the City must perform public noticing as required in Section 65091 of the California Government Code. The required noticing materials must be received by December 16, 2005. If the materials are not received by this date, processing of your application will be delayed. Furthermore, your application could expire if noticing is not perfomned within the time limits allotted under the Permit Streamlining Act. Please submit the following infonnation needed for noticing and sign the enclosed fomn: 1. Owners List - a typewritten list of names and addresses of all property owners within a 300 foot radius of the subject property, including the applicant and owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessor's rolls. 2. Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 300 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified and void of all punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apt. #, Suite # and Bldg. # must NOT appear in 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 11 pt, Arial Rounded MT Bold 9 pt. Courier 14 pt, Courier New 11 pt, MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us )^^n CP 05-21 - Cazadero Homes November 28, 2005 Page 2 3. Radius Map - a map to scale not less than 1" = 200' showing all lots completely and partially within 300 feet of the 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 Planning Director if the required scale Is impractical. 4. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, GREG FISHER Assistant Planner GF:aw Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NUMBER AND NAME APPLICANT OR APPLICANT'S REPRESENTATIVE BY DATE RECEIVED BY DATE Citv of Carlsbad Planning Department July 13, 2005 Bob Sukup 4322 Sea Bright Place Carlsbad, CA 92008 SUBJECT: PUD 05-10 - CAZADERO HOMES PUD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Planned Development Permit, application no. PUD 05-10, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including two (2) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a detennination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, June 14, 2005, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Greg Fisher, at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss the application. Jincerely DON NEU Assistant Planning Director DN:GF:bd c: David Rick File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PUD 05-10 - CAZADERO HOMES PUD July 13, 2005 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPUCATION Planning: 1. Please provide the minimum required setback dimensions for the required front, rear, and side yard setbacks for lot 2 on the site plan. Engineering: See MS 05-11 for Incomplete Items. Police: See Attached Letter. ISSUES OF CONCERN Planning: 1. Please provide documentation demonstrating compliance with City Council Policies 44 & 66 for Unit 2817. Regarding City Council Policy 44, provide the same information as submitted for Unit 2819. Additionally, Unit 2817 does not appear to meet City Council Policy 66 (Item #1, Building Facades, Front Entries, Porches). Please review City Coucil Policy 66 and address item #1 and the western elevation. A copy of the Policy has been attached for your convenience. 2. Please label the rooms on the floor plans for unit 2817. 3. Include the City's assigned project numbers on the plans. 4. Please show compliance on the site plan with Chapter 21.45.070, Table D, Page 715, Recreational Space/Required Private Rear Yard. Projects of 1-10 dwelling units must provide 25 feet x 25 feet of useable rear yard with no slope gradient greater than 5 percent. 5. Pursuant to Chapter 21.45.060, Table C, the project driveway must be 24 feet wide and shall be accented with enhanced pavement treatment. As proposed, the 16-foot driveway does not meet the minimum standard. Please show the driveway material(s) on the site plan and preliminary landscape plan. 6. Provide the following information within the General Notes Section: A. Provide the total gross lot size within the General Notes. B. Provide the existing and proposed land use within the General Notes. C. Provide the density in dwelling units per acre. D. Provide the building square footage for each home. E. Provide the number of parking spaces to be provided. F. Provide the cubic footage of storage space per unit pursuant to Chapter 21.45.060, Table C, Page 713. Citv of Carlsbad Public Works Engineering July 11,2005 Bob Sukup 4322 Sea Bright Place Carlsbad, CA 92008 MS 05-11: CAZADERO HOMES PUD INCOMPLETE APPLICATION & INITIAL ISSUES REVIEW Thank you for applying for Land Use Permits within the City of Carlsbad. Engineering Department staff has reviewed the tentative parcel map as to its completeness for processing. The application is considered incomplete, as submitted. Although the initial processing of the application may have already begun, the technical acceptance date will be acknowledged the date that the application is found complete. Staff may, in the course of processing the application, request that you clarify, amplify, correct, or OthenA/ise supplement the basic information required for the application. 1. Provide a scaled 300 foot radius map on a 8 14" x 11" paper. The maps that were submitted are on several 11" x 17" paper. 2. School District letter from San Marcos indicating that school facilities will be available to the project. ENGlNEERirjlglSgUE^^'^ ^^^^^ 1. On the tentative parcel map: a. b. c. d. e. f. g- Add MS 05-111n the upper right hand corner; Name of school district providing service to the project. Plot required building setback dimensions. Plot building coverage for each lot. Provide earthwork quantities. Remove the revision block and as-built block. Correct the sewer district to "Leucadia Wastewater District". Revise the drainage around the proposed building on Lot 2. The drainage is shown to flow to and through the building. In addition, the drainage flow is not following the direction of the contours. Drainage swale shall be 5 feet from building foundation unless a lesser distance is acceptable to a soils engineer. Written justification shall be provided. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 3. Show a proposed drainage easement over Lot 1 for the benefit of Lot 2 and 3 and over Lot 2 for the benefit of Lot 3. Add drainage arrows on the driveway. 4. Identify the complete boundary of the shared access and utility easement. 5. Clearly distinguish between existing and proposed grades and structures. 6. Show a proposed covenant for easement for private utilities over Lot 2 for the benefit of Lot 3. This easement would cover the electric and gas lines proposed along the southerly property line. If you have any questions regarding the engineering issues of concern please contact me, your project engineer, at (760) 602-2781. Rick Assistant Engineer c: (letter only) file Robert Wojcik, Deputy City Engineer, P.E., - Land Development Section Greg Fisher - Assistant Planner MS 05-11 CazadCTO Page 2 07/1 \f2005