HomeMy WebLinkAboutCT 13-01; Buena Vista 11; Tentative Map (CT) (2)r---------------------------------------------
... ·~ <~:I·~~ ..
··~ CITY OF
CARLSBAD
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
D Administrative Permit
D Coastal Development Permit (*) D Minor
D Conditional Use Permit (*)
D Minor D Extension
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit (*)
D General Plan Amendment
D Local Coastal Program Amendment (*)
D Master Plan
D Specific Plan
D Zone Change (*)
0Amendment
0Amendment
D Zone Code Amendment
Ill Planned Development Permit
D Residential D Non-Residential fvP\"Yv'"= -/ South Carlsbad Coastal Review Area Permits
D Review Permit D Planned lndusbial Permit
D Planning Commission Determination
D Site Development Plan
D Special Use Permit
D Administrative D Minor D Major
V"tllaqe ReviewAcea Pwmits
D Review Permit
D Administrative D Minor D Major
Ill Tentative Tract Map/Parcel Map
D Variance D Administrative
1(~\?-D\
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJeCT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPUCA noN MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 156-200-01, 02, & 15
--------~~-------------------------------------------------PROJECT NAME: Buena Vista 11 -------------------------------------------------------------BRIEF DESCRIPTION OF PROJECT: The development of 11 detached single family homes on lots ranging in size from 7.500sf to 10, 150sf.
BRIEF LEGAL DESCRIPTION: A portion of Tract 121 of Carlsbad lands, according to Map no. 1661
LOCATION OF PROJECT: 1677 Buena Vista Way ----------------~------~S~TR~E~ET~A~D~D~R~E~S~S-------------------------
ON THE: South
(NORTH, SOUTH, EAST, WESn
BETWEEN Valley Street
(NAME OF STREEn
P-1
SIDE OF Buena Vista Way
(NAME OF STREET)
AND Elmwood Street
(NAME OF STREET)
~)b\1 \~D II
Page 1 of6 Revised 11112
• •
OWNER NAME (Print): Constantino Medina, Jr. APPLICANT NAME (Print): Kraemer Land Company, Inc
MAILING ADDRESS: 2448 Flametree Rd. MAILING ADDRESS: 101 S. Kraemer Blvd., Ste 136
CITY, STATE, ZIP: Vista, California, 92083 CITY, STATE, ZIP: Placentia, California, 92870
TELEPHONE: 760-726-2840 TELEPHONE: 760-528-9864
EMAIL ADDRESS: EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT All THE ABOVE I CERTIFY THAT I AM THE lEGAl REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT All THE ABOVE INFORMATION IS TRUE AND CORRECT TO z:ze. ~MY KNOWLEDGE. ~--If-:;.tP/7} ~~,./Jte~A;.~.7iuJ'"-0~/18/lj ' e.¥~ ..
SIGNATURE DATE SIGNATURE -DATE
APPLICANTS REPRESENTATIVE (Print): Robert Reynolds
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE: 760-727 4980
EMAIL ADDRESS: Robertreynolds6248@sbcglobal.net
I CERTIFY THAT I AM THE lEGAl REPRESENTATIVE OF THE
APPLICANT AND THAT All THE ABOVE INFORMATION IS TRUE AND
~~OF MY KNOWLEDGE. ~-jf"?/"'3
SIGNATURE ~ •' DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE.
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
MAR 1 8 2013
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
I ~
Revised 11/12
• •
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: "31 \ ~ I \1, (To be completed by City)
'
Application Number(s): _c.....=--......;1_ ...... 1 __.1L-·_u_. \ _ _,_/---F-D:....__:u:;_7);..=1 ~t"-'?~·--=0::.......3~--l. I
General Information
1. Name of project: __ B!::!,!u~e..:..n~a'--!..V...l..i S:::...t!:l.:a~1:.:1'------------------
2. Name of developer or project sponsor: Kraemer Land Company
Address: 101 S. Kraemer Blvd., Ste. 136
City, State, Zip Code: Placentia, CA 92870
Phone Number: 760) 528-9864
3. Name of person to be contacted concerning this project: Robert Reyno] ds
Address: 1819 Jamaica Way
City, State, Zip Code: Vista CA 92081
Phone Number: · 760) 727-4980
4. Address of Project: 1677 Buena Vista Way
Assessor's Parcel Number: 156-200-01, -02, and -15
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Tentative Map and Planned Development Permit
6. Existing General Plan land Use Designation: Rl M {I ow Medium Density Q;.::4 DU/Ac)
7. Existing zoning district: --->=.._ __________________ _
8. Existing land use(s): Resident i a 1/Avodado Grove
9. Proposed use of site (Project for which this form is filed): Proposed devel apment of 11
single family homes
Project Description
10. Site size: _...~o2 ...... ..L.Z~3 ..... Au;ci:<..lrw.e=-=s:....._ ____________________ _
11. Proposed Building square footage: Approx i rna te 1 y 35,000 sf
12: Numbet of floors of construction: ----------------------
13. Amount of off-street parking provided: ---=-n=o..:.:n..::.e _______________ _
14. Associated projects: ___,n"-><.!.n...._ ____________________ ___
P-1(0) Page 2 of4 Revised 07/10
...
1
/ •
15. If residential, include the number of units and schedule of unit sizes: 11 Dwe 11 i ng Units
with three building sizes of approximately 2,800 sf, 3,000 sf and
3 500 sf.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: --""""'~-......... -----------------
17. If industrial, indicate type, estimated employment per shift, and loading facilities: ......;.;N"'-/.:....:A'-----
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _ __.....~N:J.J./...cA:~.-___ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: _..J.J.,!-"l.;.;...._ _______________ _
P-1 (D) Page 3 of4 Revised 07/10
,---------------------------.. ..
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D []
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D
roads.
22. Change in pattern, scale or character of general area of project. D []
23. Significant amounts of solid waste or litter. D IX]
24. Change in dust, ash, smoke, fumes or odors in vicinity. D []
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D [I
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D []
27. Site on filled land or on slope of 1 0 percent or more. D IX]
28. Use of disposal of potentially hazardous materials, such as toxic substances, D [i]
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D [XI
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D m
31. Relationship to a larger project or series of projects. D 00
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development {height, frontage, set-b.ack, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
infonnation ~·~;~:and correct to ~e best of my '7: ~~
Date: (t r3 Sognature: ~~
For:
P-1 (D) Page 4 of4 Revised 07/10
~ « ·~r?v?> ~CITY OF
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
PROJECT NAME: BUENA VISTA 11
APPLICANT NAME: KRAEMER LAND CO.
•
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
This project is the proposed development of approximately 2.73 acres at the
southwest corner of the intersection of Buena Vista Way and Valley Street.
The property has been completely disturbed and currently has a small home,
several outbuildings and an avocado grove. It is currently designated as
RLM on the General Plan, and is Zoned R-1.
This project proposes the development of 11 single family homes, with a minimum
7,500 s.f. lot size, which is consistent with both the General Plan and Zoning.
A single private cul-de-sac street will provide access to lots with the
development from Buena Vista Drive.
P-1(8) Page 1 of 1 Revised 07/10
Af~;. ""'-''4*}· ~ CITY OF
CARLSBAD
•
PROJECT
DESCRIPTION
P-1(8)
PROJECT NAME: BUENA VISTA 11
APPLICANT NAME: KRAEMER LAND CO.
•
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
This project is the proposed development of approximately 2.73 acres at the
southwest corner of the intersection of Buena Vista Way and Valley Street.
The property has been completely disturbed and currently has a small home,
several outbuildings and an avocado grove. It is currently designated as
RLM on the General Plan, and is Zoned R-1.
This project proposes the development of 11 single family homes, with a minimum
7,500 s.f. lot size, which is consistent with both the General Plan and Zoning.
A single private cul-de-sac street will provide access to lots with the
development from Buena Vista Drive.
P-1(8) Page 1 of 1 Revised 07/10
~ /.if ~.c,,;,~ "'·~'');/ ~·CITY OF
CARLSBAD
•
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1{C)
Development Services
Planning Division
1635 Faraday Avenue
. (760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
{Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
[] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any alternatives proposed in this application~ contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Robert ·Revnol ds
Address: 1819 Jamaica Way
Vista. CA 92081
Phone Number. 760) 727-4980
Address of Site: 1677 Buena Vista Way
PROPERTY OWNER
Name: Constantino Medina, Jr. Trustee
Address: 2448 Fl ametree Road
Vista,-CA 92083
Phone Number. 760) 726-2840
Local Agency (City and County): Carlsbad/San Diego County
Assessor's book, page, and parcel number. 156-200-01,-02. and -15
Specify list(s): Department of Toxic Substances C6ntrol
Regulatory Identification Number._..a.,c..r;;L.._ ______ __:... ____________ _
current-online
Property Owner Signature/Date 3/18/13
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02/13
~ «''i ~ CITY Of
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any 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.
2.
P-1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 1 0% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person N/A Corp/Part KLC BV CARLSBAD LLC
Title ___________ _
Address _________ _
OWNER (Not the owner's agent)
Title a California limited liability company
Address 1 01 S Kraemer Blvd Ste 136
Placentia, CA 92870
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Constantino Medina. Jr.
Title Trustee
Address 2448 Flametree Ad
Vista, CA 92084
Corp/Part. ___________ _
Title _____________ _
Address ____________ _
Page 1 of2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust,__ ________ _
Title. __________ _ Title _____________ _
Address. _________ _ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes [KJ No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the
~o~~~ ~< lnJ~~~ J.· ~;L_~· ~~~~~~~~~3/18/2013
Signature of owner/date 3/18/13
Constantino Medina. Jr.
Print or type name of owner
Brett S. Albrecht, Authorized Signatory
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07/10
<<~ ¥ CITY Of
CARLSBAD
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call ) 602-4610.
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1 (E) Page 1 of 1 Revised 07/10
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
I 11111111 ~~II 11~1 ~1m 11~1~ 11111111111111111111
Applicant: KRAEMER LAND COMPANY INC
Description Amount
PUD13003 8,064.00
Receipt Number: R0094115 Transaction ID: R0094115
Transaction Date: 03/18/2013
Pay Type Method Description Amount
Payment Check 8,064.00
Transaction Amount: 8,064.00
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
1111111111111111111111 ~ Ill~ IIIII II~ 111111111111111111111
Applicant: REYNOLDS ROBERT
Description Amount
CT130001 9,074.12
Receipt Number: R0094114 Transaction ID: R0094114
Transaction Date: 03/18/2013
Pay Type Method Description Amount
Payment Check 9,074.12
Transaction Amount: 9,074.12
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1307701-2 03/18/2013 98
I
I
Man, Har 18, 2013 04:49 PM
Receipt Ref Nbr: R1307701-2/0053
PERIHTS -PERMITS
Tran Ref Nbr: 130770102 0053 0058
Trans/Rcpt#: R0094115
SET #: PUD13003
Amount:
Item Subtota 1 :
Item Total:
PERMITS -PERMITS
1 @ $8,064.00
$8,064.00
$8,064.00
Tran Ref Nbr: 130770102 0053 0059
Trans/Rcpt#: R0094114
SET # : CT13000 1
Amount:
Item Subtotal :
Item Tot a 1:
2 ITEM(S) TOTAL:
Check (Chk# 001015)
Total Received:
Have a nice day!
1 @ $9,074.12
$9,074.12
$9,074.12
$17) 138. 12
$17) 138.12
$17) 138.12
**************CUSTOMER COPY*************
••
Site View Photos
Buena Vista 11
Prepared: March 18, 2013
PREPARED FOR
Kraemer Land Company, Inc.
101 S. Kraemer Blvd., Suite 136
Placentia, CA 92870
(714) 528-9664
PREPARED BY
Lundstro111
Engineering and Surveying, Inc.
e Lundstrom
Engineering and Suroeying, Inc.
5333 Mission Center Dr, Ste 115 • San Diego, CA 92108
Phone (619) 814-1220 • Fax (619) 641-5910
KEY MAP
SCALE: 1·=100'
SITE VIEW EXHIBIT
BUENA VISTA 11
City of Carlsbad, California
e e
I Jn ~nsulling, lne.
44(, C.resfcourf Lane, FallbrooK C.A '/2028 phone 1(,0-4~-12~
www.ldnconsulfing. net fa~ 1(,0-(,8'!-4'!4~
July 29, 2013
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
Subject: Buena Vista 11 (The Enclave) Single-family Residential
Development Noise Assessment -Carlsbad CA
Dear Mr. Ferree:
The firm of Ldn Consulting, Inc. is pleased to submit the following noise impact
analysis for the proposed Buena Vista 11 (The Enclave) residential development in the
City of Carlsbad. The purpose of the survey is to determine the estimated exterior
noise levels at the proposed residential uses and recommend mitigation measures for
compliance with the City of Carlsbad guidelines and requirements for noise.
PROJECT LOCATION/DESCRIPTION
The proposed site is located on 3.04 acres and includes 11 detached single family
homes. The project site is located southwest of the intersection of Buena Vista Way
and Valley Street in the City of Carlsbad. The project site address is 1677 Buena Vista
Way, Carlsbad, CA.
The primary noise source that affects the site is vehicular traffic from adjacent Buena
Vista Way, Valley Street and background noise from Carlsbad Village Drive located
approximately 500 feet to the south of the site. The project vicinity can be seen in
Figure 1 and the project site configuration is provided in Figure 2 below.
7/29/2013 1 1368-02 Buena Vista 11 Noise
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
LJn ~ng, 11¥.
44(, C.reMcourf L.Jne, F.JIIbrooK C.A '12028
phone 7vo-4n-J2~
F<l-1• 7vo-v£Jf-4'141
Figure 1: Project Site Location
Ave
Laguni\or·
carlsbad <ii
A· CityHell··-'"o 4
7/29/2013 2
' 1&\i\te'rgreer,,or:..
i,'
~
1. "9,
.. ·~ . tf' .• ,.
1368-02 Buena Vista 11 Noise
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
LJn ~ling, lne.
44(; C.re6fcourf L.1ne, F.1/lbrooK C.A '!2028
phone 7(;o-4-n-J2~
F3J< 1(;o-(;B'!-4'!41
Figure 2: Proposed Project Site Plan
TENTATIVE MAP AND PLANNED DEVELOPMENT PERMIT CT 13-01/PUD 13-03
THE ENCLAVE
City of Carlsbad, Galifomia
7/29/2013 3 1368-02 Buena Vista 11 Noise
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
ACOUSTICAL FUNDAMENTALS
LJn ~. lne..
44v t;;restcourf Ldne, F11llbrooK t:A '{2.02.8
phone 7vo-471-12.~
F11" 7vo-t,8'f-4'14~
Noise is defined as unwanted or annoying sound which interferes with or disrupts
normal activities. Exposure to high noise levels has been demonstrated to cause
hearing loss. The individual human response to environmental noise is based on the
sensitivity of that individual, the type of noise that occurs and when the noise occurs.
Sound is measured on a logarithmic scale consisting of sound pressure levels known
as a decibel (dB). The sounds heard by humans typically do not consist of a single
frequency but of a broadband of frequencies having different sound pressure levels.
The method for evaluating all the frequencies of the sound is to apply an A-weighting
to reflect how the human ear responds to the different sound levels at different
frequencies. The A-weighted sound level adequately describes the instantaneous noise
whereas the equivalent sound level depicted as Leq represents a, steady sound level
containing the same total acoustical energy as the actual fluctuating sound level over
a given time interval.
The Community Noise Equivalent Level (CNEL) is the 24 hour A-weighted average for
sound, with corrections for evening and nighttime hours. The corrections require an
addition of 5 decibels to sound levels in the evening hours between 7 p.m. and 10
p.m. and an addition of 10 decibels to sound levels at nighttime hours between 10
p.m. and 7 a.m. These additions are made to account for the increased sensitivity
during the evening and nighttime hours when sound appears louder. CNEL values do
not represent the actual sound level heard at any particular time, but rather
represents the total sound exposure.
Additionally, Sound Transmission Class (or STC) is an integer rating of how well
airborne sound is attenuated by a building partition. STC is widely used to rate interior
partitions, ceilings/floors, doors, windows and exterior wall configurations (see ASTM
International Classification E413 and E90). The STC number is derived from tested
sound attenuation values found at the 1/3 octave band frequencies. These
transmission-loss (TL) values are then plotted and compared to a standard reference
contour. Acoustical engineers fit these values to the appropriate TL Curve to
determine a single STC value found at 500 Hertz. STC is roughly the decibel reduction
in noise a partition can provide, abbreviated 'dB'.
7/29/2013 4 1368-02 Buena Vista 11 Noise
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
Ldn ~ng, lne.
44(, C.restcourf wne, FallbrooK C.A '/2028
phone 7(,o-4"TJ-12?1
Fa]( 7vo-vfJ'I-4'!4?
If an 85 dB sound on one side of a wall is reduced to 50 dB on the other side, that
partition is said to have an STC of 35. This number does not apply across the range
of frequencies because the STC value is derived from a curve-fit from the tested 1/3
octave band frequencies. Any partition will have less TL at lower frequencies. For
example, a wall with an STC of 35 may provide over 40 dB of attenuation at 3000 Hz
but only 15 dB of attenuation at 125 Hz.
NOISE STANDARDS
The City of Carlsbad's Noise Guidelines Manual (1995) requires that all exterior
sensitive areas shall limit noise exposure. For noise sensitive residential land uses, the
City has adopted a policy which has established a "normally acceptable" exterior noise
level goal of 60 dBA CNEL for the outdoor areas and an interior noise level of less than
45 dBA CNEL. For residential properties identified as requiring a noise study, a study
shall be prepared by an acoustical professional. This study shall document the
projected maximum exterior noise level and mitigate the projected exterior noise level
to a maximum allowable noise level as identified in Noise Guideline Manual.
Interior noise levels should be mitigated to a maximum of 45 dBA CNEL in all habitual
rooms when the exterior of the residence are exposed to levels of 60 dBA CNEL or
more. If windows and doors are required to be closed to meet the interior noise
standard, then mechanical ventilation shall be provided per City requirements.
ANALYSIS PROCEDURES
Existing Noise Levels
Noise measurements were taken Friday July 26, 2013, using a Larson-Davis Model LxT
Type 1 precision sound level meter, programmed, in "slow" mode, to record noise
levels in "A" weighted form. The sound level meter and microphone were mounted on
a tripod, five feet above the ground and equipped with a windscreen during all
measurements. The sound level meter was calibrated before and after the monitoring
using a Larson-Davis calibrator, Model CAL 200.
7/29/2013 5 1368-02 Buena Vista 11 Noise
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC. Ldn ~"!J /ne,.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
44(, C.re6f,;ourf L.1ne, F:~l/brooK C.A '(:2028
phone 7vo-471-J271
F:~~ 7vo-v8'f-4'f41
Monitoring location 1 (Mll) was located in the future location of Lot 1 along Buena
Vista Way; monitoring location 2 (ML2) was located in the future location of Lot 11
along Valley Street. The results of the noise level measurements are presented in
Table 4-1.
The noise measurements were monitored for a time period of 20 minutes during
normal traffic conditions. The existing noise levels in the Project area consisted
primarily of residential activities, a half a dozen vehicles along the adjacent roadways
and some background noise from traffic along Carlsbad Village Drive. The ambient
Leq noise levels measured in the area of the Project were found to be 53-55 dBA.
The statistical indicators Lmax, Lmin, LlO, L50 and L90, are given for the monitoring
location. As can be seen from the L90 data, 90% of the time the noise level was
lower than 48 dBA. The lower noise levels are due to the limited vehicle traffic on the
adjacent roadways and the horizontal off set between Carlsbad Village Drive and the
Project site. The noise monitoring locations are provided graphically in Figure 3 on the
following page.
Table 4-1: Measured Ambient Noise Levels
M1 Lot 1 12:05-12:25 p.m. 53.2 68.1 46.3 53.3 49.4 47.9
M2 Lot 11 12:30-12:50 p.m. 55.1 69.9 45.6 56.9 50.0 47.7
Source: Ldn Consulting, Inc. July 26, 2013
7/29/2013 6 1368-02 Buena Vista 11 Noise
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
l4n ~ling, lne..
44(, C.resfcourf Lane, Fi1ffbrooK C.A '/202fJ
phone 7vo-471-12~
Fa1< 7vo-vfJ'I-4'!4?
Figure 3: Ambient Noise Monitoring Locations
TENTATIVE MAP AND PLANNED DEVELOPMENT PERMIT CT 13-01/PUD 13-03
THE ENCLAVE
City of Carlsbad, California
APN 156-142-40'
APN 156-200-0J
7/29/2013 7 1368-02 Buena Vista 11 Noise
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
Future Noise Levels
LJn e::on.utlfii!J, /ne,.
44(, C:ret~tcourl La"e, Fi1flbrooK C:A '/202fJ
phone 7(,o-4n-t2~
Fi1J< 7{,o-{,fJ'I-4141
The primary source of noise impacts to the project site will be vehicular noise from
adjacent Buena Vista Way and Valley Street and back ground noise from carlsbad Village
Drive located approximately 500 feet south of the project site. The projected roadway
noise levels from vehicular traffic were calculated using the methods in the Highway
Noise Model published by the Federal Highway Administration (FHWA Highway Traffic
Noise Prediction Model, FHWA-RD-77-108, December, 1978). The FHWA Model uses the
traffic volume, vehicle mix, speed, and roadway geometry to compute the equivalent
noise level. A spreadsheet calculation was used which computes equivalent noise levels
for each of the time periods used in the calculation of CNEL. Weighting these equivalent
noise levels and summing them gives the CNEL for the traffic projections.
Mobile noise levels radiant in an almost oblique fashion from the source and drop off
at a rate of 3 dBA for each doubling of distance under hard site conditions and at a
rate of 4.5 dBA for soft site conditions. Hard site conditions consist of concrete,
asphalt and hard pack dirt while soft site conditions exist in areas having slight grade
changes, landscaped areas and vegetation.
Hard site conditions, to determine the worst-case findings, were used to develop and
analyze the noise levels along the roadway segments. The future traffic noise model
utilizes a typical vehicle mix of 96% Autos, 2% Medium Trucks and 2% Heavy Trucks for
both roadways. The vehicle mix provides the hourly distribution percentages of
automobile, medium trucks and heavy trucks for input into the FHWA Model.
Future year 2030 traffic along Buena Vista Way and Valley Street is predicted to be at
most 900 average daily trips (ADT). Carlsbad Village Drive is expected to have 18,500
ADT according to the SANDAG Series 12 Traffic Prediction Model for the year 2035. The
speed limit along Buena Vista Way and Valley Street is 25 MPH and 40 MPH on Carlsbad
Village Drive. Based on the exterior noise model, the worst-case cumulative noise level
from all the roadways was found to be 58.9 dBA CNEL at the site. The modeling results
are provided in Figure 4 on the following page. No noise barriers, existing structures or
topography that may affect noise levels were incorporated in the calculations.
7/29/2013 8 1368-02 Buena Vista 11 Noise
Mr. Matt Ferree
KRAEMER LAND COMPANY, INC. Ldn &:IJnllu/1/ng, lne.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
44v C.re6fcourl Ldne, FallbrooK C.A '/2026
phone 7vo-471-tt.71
Fa,. 7vo-v8'1-4'!41
Figure 4: Future Cumulative Noise Levels
Project Name:
Project Number:
Mix Ratio by Percent
Propagation Rule
Roadway
Buena Vista Way
Valley Street
Carlsbad Village Drive
Buena Vista Way
Valley Street
Carlsbad Village Drive
Cumulative Noise Level
Buena Vista 11
13-68
Date:
Location:
28-Jul-13
Carlsbad
Traffic Volumes, Mix and Speeds
Autos Med. Trucks Heavy Trucks
96.0 2.0 2.0
Soft
ADT Speed MPH CNEL 0 50 Feet 60 CNEL (Feet)
25 54.4 21
25 54.4 21
40 70.8 262
Noise Reduction due to Distance
Distance
40
40
500
Reduction
1.45
1.45
-15.00
Resultant Level
55.9
55.9
55.8
58.9 dBACNEL
Based upon these findings the future noise levels were found to be at or below 60 dBA
CNEL and no noise mitigation is required to comply with the City of Carlsbad Noise
standards. If you have any questions, please do not hesitate to contact me directly at
(760) 473-1253.
Sincerely,
Ldn Consulting, Inc.
~
Jeremy Louden, Principal
7/29/2013 9 1368-02 Buena Vista 11 Noise
L SA
0 40
FEET
eo
LEGEND
D B001a Visa 11
Vegetaion (Acra:ge)
D Agrirultll'e (0.80 a:)
Ba-e Ground/Devel opa:l (0. 78 a:)
D Ofl1CI'l'la1ta (1.27 a:)
OOURCE: Aerial-City ci Ca1Sa:l (2009)
R:\KRA 1301\GIS\VEl!fJI..,.mxd (3114/2013)
Buena \tfsta 11
Vegetction M ~
-~
c:J Bl.IEJlaVisa 11
0 40 00
FEET
SJURCE: Aeria -City c:J Ca1sm (2009)
R:\KRA 1301\GIS\PI'jlcc_Aerial.mxd (311412013)
FIGURE 1
Buena llfsta 11
Aa-ia Locaion
• Fidelity National Title Company
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or
the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for
certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are available from
the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested
The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a
California Corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, dejects and encumbrances affecting title to the land.
Countersigned by:
~
Authorized Signature
Authorized Signature
CLTA Preliminary Report Form-Modified (11/17/06) Page 1
• Fidelity National Title Company
1300 Dove Street, Suite 310, Newport Beach, CA 92660
Phone: (949) 622-5000• Fax: (949) 477-6813
Title Officer: Trent Cornell (MA)
TO:
Kraemer Land Company, Inc.
101 South Kraemer Blvd., Suite 136
Placentia, CA 92870
ATIN: .Brett Albrecht
YOUR REFERENCE:
PRELIMINARY REPORT
PROPERTY ADDRESS: 1677 Buena Vista Way, Carlsbad, CA
EFFECTIVE DATE: December 14, 2012 at 7:30 a.m.
The form of policy or policies of title insurance contemplated by this report is:
CL T A Std. Owner's
Order No.: 008-23019313-TC1
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY TillS REPORT IS:
AFEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CONSTANTINO MEDINA, JR., Trustee, The Constantino Medina Jr., Family Trust Dated May 14, 2001
3. THE LAND REFERRED TO IN TillS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
CJl/jh 12/24/12
CLTA Preliminary Report Form-Modified (11/17/06) Page 2
PRELIMINARY REPORT
Your Reference:
LEGAL DESCRIPTION
EXIDBIT "A"
Fidelity National Title Company
Order No.: 008-23019313-TCl
1HE LAND REFERRED TO HEREIN BELOW IS SITUATED IN 1HE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCELl:
..
THAT PORTION OF TRACT 12tlOoF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY
OF SAN DIEGO, STATE OF·-e:AiiFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF VALLEY STREET, DISTANT THEREON NORTH 34° 33'
WEST 531.19 FEET FROM THE POINT OF INTERSECTION OF SAID CENTERLINE OF VALLEY STREET
AND THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID TRACT 121,
SAID POINT BEING THE SOUTHEASTERLY CORNER OF LAND CONVEYED TO JOHN J. MERRITT AND
WIFE BY DEED RECORDED IN BOOK 339, PAGE 456, OF OFFICIAL RECORDS; THENCE ALONG
SOUTHEASTERLY LINE OF SAID MERRITT LAND, SOUTH 53° 27' WEST 193.4 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 23° 04' WEST 227.6 FEET TO THE NORTH BOUNDARY LINE OF
CARLSBAD LANDS; THENCE ALONG SAID LAST MENTIONED LINE NORTH 89° 05' WEST, A DISTANCE
OF 324.08 FEET MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THE LAND CONVEYED BY
SOUTH COAST LAND COMPANY, A CORPORATION, TO OCEANSIDE MUTUAL WATER COMPANY, A
CORPORATION, BY DEED DATED AUGUST 29, 1922, AND RECORDED IN BOOK 899, PAGE 288 OF DEEDS;
THENCE SOUTH 23° 04' EAST ALONG THE EASTERLY LINE OF THE LAND CONVEYED TO SAID
OCEANSIDE MUTUAL WATER COMPANY, A DISTANCE OF 434.58 FEET TO A POINT; THENCE NORTH 5°
27' EAST A DISTANCE OF 298.6 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
APN: 156-200-15-00
PARCELl:
THAT PORTION OF TRACT 121 OF CARLSBAD LANDS, ACCORDING TO MAP THEREOF NO. 1661, FILED
IN THE OFFICE OF THE COlJNIT RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF VALLEY STREET, AS SHOWN ON SAID MAP DISTANT
THEREON NORTH 34° 33' WEST, 531.19 FEET FROM THE POINT OF INTERSECTION OF SAID CENTER
LINE OF VALLEY STREET, AND THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY
LINE OF SAID TRACT 121, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LAND CONVEYED
TO JOHN J. MERRITT AND WIFE, BY DEED RECORDED IN BOOK 339, PAGE 456, OFFICIAL RECORDS;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID MERRITT LAND, SOUTH 55° 27' WEST, 193.4
FEET; THENCE NORTH 23° 04' WEST, 227.6 FEET TO THE NORTH BOUNDARY LINE OF SAID CARLSBAD
LANDS; THENCE SOUTH 89° 05' EAST, ALONG THE SAID NORTHERLY LINE 173.8 FEET TO THE
CENTERLINE OF SAID VALLEY STREET; THENCE SOUTH 34° 53' EAST, ALONG SAID CENTERLINE 137.0
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF A LINE THAT BEGINS AT A POINT
ON THE EASTERLY LINE OF THE ABOVE DESCRIBED LAND AT A POINT NORTH 34° 33' WEST, 58.5
FEET FROM THE SOUTHEASTERLY CORNER THEREOF AND RUNS WESTERLY TO A POINT ON THE
WESTERLY LINE OF SAID LAND THAT IS NORTH 23° 04' WEST, 113.8 FEET FROM THE
SOUTHWESTERLY CORNER THEREOF.
APN: 156-200-01-00
CLTA Preliminary Report Form-Modified (ll/17 /06) Page 3
EXIllBlT A (Continued)
Your Reference:
PARCEL3:
Fidelity National Title Company
Order No.: 008-23019313-TCI
THAT PORTION OF TRACT 121 OF CARLSBAD LANDS, ACCORDING TO MAP THEREOF NO. 1661, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF VALLEY STREET, AS SHOWN ON SAID MAP,
DISTANT THEREON NORTH 34° 33' WEST, 531.19 FEET FROM THE POINT OF INTERSECTION OF SAID
CENTERLINE OF VALLEY STREET, AND THE NORTHEASTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF SAID TRACT 121, SAID POINT BEING THE SOUTHEASTERLY CORNER OF
LAND CONVEYED TO JOHN J. MERRITT AND WIFE, BY DEED RECORDED IN BOOK 339, PAGE 456,
OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID MERRITT LAND, SOUTH
55° 27' WEST, 193.4 FEET; THENCE NORTH 23° 04' WEST, 227.6 FEET TO THE NORTH BOUNDARY LINE
OF SAID CARLSBAD LANDS; THENCE SOUTH 89° 03' EAST, ALONG THE SAID NORTHERLY LINE 173.8
FEET TO THE CENTERLINE OF SAID VALLEY STREET; THENCE SOUTH 341 33' EAST, ALONG SAID
CENTERLINE 137.0 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF A LINE THAT BEGINS AT A POINT ON
THE EASTERLY LINE OF THE ABOVE DESCRIBED LAND AT A POINT NORTH 34° 33' WEST, 58.5 FEET
FROM THE SOUTHEASTERLY CORNER THEREOF AND RUNS WESTERLY TO A POINT ON THE
WESTERLY LINE OF SAID LAND THAT IS NORTH 23° 04' WEST 113.8 FEET FROM THE
SOUTHWESTERLY CORNER THEREOF.
APN: 156-200-02-00
APN: 156-200-01-00, 156-200-02-00, 156-200-15-00
CL T A Preliminary Report Form -Modified ( ll/17 /06) Page4
PRELIMINARY REPORT
Your Reference:
Fidelity National Title Company
Order No.: 008-23019313-TCl
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows:
Code Area:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Land:
Improvements:
Personal Property:
090009
156-200-01-00
2012-2013
$154.00, DELINQUENT,+ PENALTY$ 15.40
$154.00, OPEN
$0.00
$19,845.00
$0.00
$0.00
Property taxes, including any personal property taxes and any assessments collected with taxes are as follows:
Code Area:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Land:
Improvements:
Personal Property:
09000
156-200-02-00
2012-2013
$154.00, DELINQUENT,+ PENALTY$ 15.40
$154.00, OPEN
$0.00
$19,845.00
$0.00
$0.00
Property taxes, including any personal property taxes and any assessments collected with taxes are as follows:
Code Area:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Land:
Improvements:
Personal Property:
09000
156-200-15-00
2012-2013
$1,189.68, DELINQUENT,+ PENALTY$ 118.96
$1,189.68, OPEN
$0.00
$65,646.00
$146,856.00
$0.00
2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility
Districts, that arise by reason of any local, City, Municipal or County Project or Special District.
3. 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 ofthe State of California.
4. Water rights, claims or title to water, whether or not disclosed by the public records.
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
South Coast Land Company
Water pipeline
October 2, 1928
Book 1514, Page 489, Deeds
A portion of said land as more particularly described in said document.
CLTA Preliminary Report Form-Modified (11117/06) Page 5
. --~·------
ITEMS (Continued)
Your Reference:
Fidelity National Title Company
Order No.: 008-23019313-TC 1
6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
County of San Diego
Rightofway
September 23, 1948
Book 2957, Page 95, Official Records
A portion of said land as more particularly described in said document.
7. Rights of the public as to any portion of the land lying within the area commonly known as Buena Vista Avenue and
Valley Street.
8. As discrepancies in boundary of any rights which may arise or exist which are disclosed by
Record of Survey No.:
Recording Date:
Recording No.:
Affects:
4831
November 26, 1958
199084, Official Records
As shown on said map.
9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: San Diego Gas and Electric Company
Purpose: Poles, wires and anchorage for the transmission and distribution of electricity and
incidental purposes
Recording Date: June 20, 1960
Recording No: 125340, Official Records
Affects: A portion of said land as more particularly described in said document.
10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
San Diego Gas and Electric company
Public utilities -
June 20, 1960
125354, Official Records
A portion of said land as more particularly described in said document.
11. An instrument entitled A Covenant and Agreement
Executed by:
In favor of:
Recording Date:
Recording No:
Constantino Medina
City of Carlsbad
August 9, 1985
85-287745, Official Records
Which among other things provides: Drainage.
Reference is hereby made to said document for full particulars.
This covenant and agreement provides that it shall be binding upon any future owners, encumbrancers, their
successors or assigns, and shall continue in effect until the advisory agency approves termination.
CL TA Preliminary Report Form-Modified (ll/17 /06) Page 6
ITEMS (Continued)
Your Reference:
12. An instrument entitled Hold Hannless Agreement
Executed by:
In favor of:
Recording Date:
Recording No:
Constantino Medina, Jr.
City of Carlsbad, a municipal corporation
August 9, 1985
85-287746, Official Records
Which among other things provides: Public improvements.
Reference is hereby made to said document for full particulars.
Fidelity National Title Company
Order No.: 008-23019313-TCI
This covenant and agreement provides that it shall be binding upon any future owners, encumbrancers, their
successors or assigns, and shall continue in effect until the advisory agency approves termination.
13. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
Trustor/Grantor
Trustee:
Beneficiary:
Loan No.:
Recording Date:
Recording No:
Affects:
$350,000.00
August 4, 2005
Constantino Medina, Jr., a single man
Fidelity national Title
Millennium Mortgage Corp., a corporation
10605022
August 11, 2005
2005-0690015, Official Records
The herein described Land and other land.
14. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the
public records.
The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license
and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title
insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said
documents.
15. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to
grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of
the trust instrument.
Iftitle is to be insured in the trustee(s) of a trust, (or iftheir act is to be insured), this Company will require a Trust
Certification pursuant to California Probate Code Section 18100.5.
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation.
16. The Company will require a complete copy of the trust agreement and any amendments thereto, certified by the
trustee(s) to be a true and complete copy, with respect to the hereinafter named trust.
Name of Trust: THE CONSTANTINO 1\tfEDINA, JR., FAMILY TRUST DATED MAY 14, 200 I
END OF ITEMS
CLTA Preliminary Report Form-Modified (11/17/06) Page7
PRELIMINARY REPORT
Your Reference:
TO:
BANK:
ROUTING NO:
ACCOUNT NO:
NOTES
WIRING INSTRUCTIONS
FNT -Major Accounts -Title Department
1300 Dove Street, Suite 310
Newport Beach, CA 92660
Bank of America
1850 Gateway Blvd.
Concord, CA 94520
026009593
1257033414
PLEASE REFER TO OUR ORDER NO.: 008-23019313-TCl
ESCROW OFFICER: Natalie DuBois
TITLE ORDER NO.: 23019313-TC
Fidelity National Title Company
Order No.: 008-23019313-TCl
Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116
indicating that there is located on said Land, a commercial building, known as 1677 Buena Vista Way, Carlsbad,
CA, to an Extended Coverage Loan Policy.
Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
END OF NOTES
CL TA Preliminary Report Form-Modified ( 11/17 /06) Page 8
PRELIMINARY REPORT
Your Reference:
Fidelity National Title Company
Order No.: 008-23019313-TC 1
OWNER'S DECLARATION
The undersigned hereby declares as follows:
1. (Fill in the applicable paragraph and strike the other)
a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at
b.
further described as follows: See Preliminary Report/Commitment No. 008-23019313-TCl for full legal
description (the "Land").
Declarant is the ..,.--,,--------:---:---:----of_:--:--:--:--:------:---:----:------
("Owner"), which is the owner or lessee, as the case may be, of certain premises located at
~-=-:---~~-~---:---~-:---------------------:-~-'' further described as follows: See Preliminary Report/Commitment No. 008-23019313-TCl for full legal
description (the "Land").
2. (Fill in the applicable paragraph and strike the other)
a. During the period of six months immediately preceding the date of this declaration no work has been done,
no surveys or architectural or engineering plans have been prepared, and no materials have been furnished
in connection with the erection, equipment, repair, protection or removal of any building or other structure
on the Land or in connection with the improvement of the Land in any manner whatsoever.
b. During the period of six months immediately preceding the date of this declaration certain work has been
done and materials furnished in connection with upon
the Land in the approximate total sum of $ but no work whatever remains to be done and no
materials remain to be furnished to complete the construction in full compliance with the plans and
specifications, nor are there any unpaid bills incurred for labor and materials used in making such
improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as
follows: . Owner,
by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National
Title Insurance Company against any and all claims arising therefrom.
3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner
thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to
the Land.
4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied
mortgages, deeds of trust, Uniform Commercial Code financing statements, claims of lien, special assessments, or
taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records.
5. The Land is currently in use as ___________ .occupy/occupies the Land;
and the following are all of the leases or other occupancy rights affecting the Land:
6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded
easements, claims of easement, or boundary disputes that affect the Land.
7. There are no outstanding options to purchase or rights of first refusal affecting the Land.
This declaration is made with the intention that Fidelity National Title Insurance Company (the "Company") and its policy
issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned
Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred
by the Company as a result of any untrue statement made herein.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at
Signature:------------
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal
Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows
the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as
described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification
number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the
website links you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy,
premiums, payment history, information about your home or other real property, information from lenders and other third parties involved
in such transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these
disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to
enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance
transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or
providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena
or a governmental investigation;
• To companies that perform marketing services on our behalf or to other fmancial institutions with which we have joint marketing
agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be
determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply
with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal
process.
Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for
marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from
consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is
otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties-We do not disclose Personal Information about our customers or former customers to nonaffiliated third
parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you.
We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to fmd out to whom
your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF' s current policy is to
maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future
coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identitv.
Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Changes to this Privacy Statement
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside A venue
Jacksonville, FL 32204
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy
Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above,
indicates the last time this Privacy Statement was revised or materially changed.
Privacy Policy Effective Date: 5/112008
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of
escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute
a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below
discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These
discounts are generally described below; consult the rate manual for a full description of the terms, conditions and
requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of
Companies. This notice only applies to transactions involving property improved with a one-to-four family residential
dwelling.
FNF Underwriter FNF Underwritten Title Company
FNTC -Fidelity National Title Company FNTIC -Fidelity National Title Insurance Company
FNTCCA -Fidelity National Title Company of California
Available Discounts
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be
reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be
credited on a subsequent policy charge.
FEE REDUCTION SETTLEMENT PROGRAM {FNTC, FNTCCA and FNTIC)
Eligible customers shall receive $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible
transaction in accordance with the terms of the Final Judgments entered in The People of the State of California et a!. v.
Fidelity National Title Insurance Company eta/., Sacramento Superior Court Case No. 99AS02793, and related cases.
DISASTER LOANS (FNTIC)
The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of
record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of
California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the
appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided
said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title
insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the
appropriate title insurance rate, depending on the type of coverage selected.
CA Discount Notice Effective Date: 1-10-2010
Notice
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or
refinanced residential property in California between May 19,1995 and November 1, 2002. If
you had more than one qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current
transaction, you do not have to do anything; the Company will provide the discount, provided
you are paying for escrow or title services in this transaction.
If your previous transaction involved property different from the property that is the subject of
your current transaction, you must inform the Company of the earlier transaction, provide the
address of the property involved in the previous transaction, and the date or approximate date
that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you
qualify for a discount. If you provided the Company information concerning a prior transaction,
the Company is required to determine if you qualify for a discount.
Effective through November 1, 20 14
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured
against loss, costs, attorneys' fees, and expenses resulting from:
l. Governmental police power, and the existence or violation
of any law or government regulation. This includes
building and zoning ordinances and also laws and
regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the
enforcement of these matters which appear in the public
records at Policy Date.
This exclusion does not limit the zoning coverage described
in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public
records on the Policy Date
• the taking happened prior to the Policy Date and is
binding on you if you bought the land without
knowing of the taking.
In addition to the Exclusions, you are not insured against loss,
costs, attorneys' fees, and the expenses resulting from:
1. Any rights, interests, or claims of parties in possession of
the land not shown by the public records.
2. Any easements or liens not shown by the public records.
This does not limit the lien coverage in Item 8 of Covered
Title Risks.
Attachment One (07/26/10)
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy
Date-unless they appeared in the public records
• that result in no loss to you
• that ftrst affect your title after the Policy Date-this
does not limit the labor and material lien coverage in
Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right
• to any land outside the area specifically described and
referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of
Covered Title Risks
3. Any facts about the land which a correct survey would
disclose and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12
of Covered Title Risks.
4. Any water rights or claims or title to water in or under the
land, whether or not shown by the public records.
ATTACHMENT ONE
(Continued)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; {ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy
(except to the extent that this policy insures the
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for street improvements under construction or
completed at Date of Policy); or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage
because of the inability or failure of the insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in
lending law.
6. Any claim, which arises out of the transaction vesting in
the insured the estate or interest insured by this po !icy or
the transaction creating the interest of the insured lender, by
reason of the operation of federal bankruptcy, state
insolvency or similar creditors' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons
in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
Attachment One (07 /26/1 0)
PART I
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by
the public records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy
(except to the extent that this policy insures the
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for street improvements under construction or
completed at Date of Policy); or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage
because of the inability or failure of the insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in
lending law.
6. Any statutory lien for services, labor or materials (or the
claim of priority of any statutory lien for services, labor or
materials over the lien of the insured mortgage) arising
from an improvement or work related to the land which is
contracted for and commenced subsequent to Date of
Policy and is not financed in whole or in part by proceeds
of the indebtedness secured by the insured mortgage which
at Date of Policy the insured has advanced or is obligated
to advance.
7. Any claim, which arises out of the transaction creating the
interest of the mortgagee insured by this policy, by reason
ofthe operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured
mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the subordination of the interest of the insured
mortgagee as a result of the application of the doctrine
or equitable subordination; or
(iii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a
purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
Attachment One (07/26/10)
inspection of the land or which may be asserted by persons
in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mmmg claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by
the public records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental
tegulation (including those relating to building and zoning)
testricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion l(a) does
not modify or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b)
does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify
or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a) created, suffered, assumed, or agreed to by the lnsured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 11, 13 or 14); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Insured Mortgage.
4. Unenforceability of the lien of the lnsured Mortgage
because of the inability or failure of an Insured to comply
with applicable doing-business laws of the state where the
Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien
of the Insured Mortgage that arises out of the transaction
evidenced by the Insured Mortgage and is based upon
usury or any consumer credit protection or truth-in-lending
law.
6. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction creating the lien of the Insured
Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in
Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
of the Insured Mortgage in the Public Records. This
Exclusion does not modify or limit the coverage provided
under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
I. (a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
2. Any facts, rights, interests, or claims that are not shown by
the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons
in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One (07/26/10)
4. Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in
the insured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based
on:
(i) the transaction creating the estate or interest insured
by this policy being deemed a fraudulent conveyance
or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured
by this policy being deemed a preferential transfer
except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a
purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I.
2.
3.
Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons
in possession thereof.
Easements, liens or encumbrances, or claims thereof, which
are not shown by the public records.
Attachment One (07/26/10)
4.
5.
6.
Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
(a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether
or not the matters excepted under (a), (b) or (c) are shown
by the public records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
l. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating
to
(i) the occupancy, use, or el\ioyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b)
does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify
or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Title.
4. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in
Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
l.
2.
3.
(a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
Any facts, rights, interests, or claims that are not shown in
the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons
in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One (07/26/10)
4.
5.
6.
Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land and that are not shown by the Public Records.
(a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation
of any law or government regulation. This includes
ordinances, laws and regulations concerning:
b. the taking happened before the Policy Date and is
binding on You if You bought the Land without
Knowing of the taking.
a. building 4. Risks:
b. zoning
c. Land use
d. improvements on Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement
of these matters if notice of the violation or enforcement appears
in the Public Records at the Policy Date.
a. that are created, allowed, or agreed to by You, whether
or not they appear in the Public Records.
b. that are Known to You at the Policy Date, but not to
Us, unless they appear in the Public Records at the
Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date-this does not
limit the coverage described in Covered Risk 7, 8.d.,
22, 23, 24 or 25. This Exclusion does not limit the coverage described in Covered
Risk 14, 15, 16,17 or24. 5. Failure to pay value for Your Title.
2. The failure of Your existing structures, or any part of them,
to be constructed in accordance with applicable building
codes. This Exclusion does not apply to violations of
building codes if notice of the violation appears in the
Public Records at the Policy Date.
6. Lack of a right:
a. to any Land outside the area specifically described and
referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
3. The right to take the Land by condemning it, unless:
This Exclusion does not limit the coverage described in Covered
Risk 11 or 18.
a. notice of exercising the right appears in the Public
Records at the Policy Date; or
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16, and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Attachment One (07/26/10)
Your Deductible Amount
1%ofPolicy Amount
or
$2,500.00
(whichever is less)
1% of Policy Amount
or
$5,000.00
(whichever is less)
1% of Policy Amount
or
$5,000.00
(whichever is less)
1%ofPolicy Amount
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation a. that are created, allowed, or agreed to by You, whether
of those portions of any law or government regulation or not they are recorded in the Public Records;
concerning: b. that are Known to You at the Policy Date, but not to
a. building; Us, unless they are recorded in the Public Records at
b. zoning; the Policy Date;
c. land use; c. that result in no loss to You; or
d. improvements on the Land; d. that first occur after the Policy Date-this does not
e. land division; and limit the coverage described in Covered Risk 7, 8.e.,
f. environmental protection. 25, 26, 27 or 28.
This Exclusion does not limit the coverage described in Covered 5. Failure to pay value for Your Title.
Risk 8.a., 14, 15, 16, 18, 19, 20,23 or 27. 6. Lack of a right:
2. The failure of Your existing structures, or any part of them, a. to any land outside the area specifically described and
to be constructed in accordance with applicable building referred to in paragraph 3 of Schedule A; and
codes. This Exclusion does not limit the coverage described b. in streets, alleys, or waterways that touch the Land.
in Covered Risk 14 or 15. This Exclusion does not limit the coverage described in
3. The right to take the Land by condemning it. This Covered Risk 11 or 21.
Exclusion does not limit the coverage described in Covered 7. The transfer of the Title to You is invalid as a preferential
Risk 17. transfer or as a fraudulent transfer or conveyance under
4. Risks: federal bankruptcy, state insolvency, or similar creditors'
rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Attachment One (07/26/10)
Your Deductible Amount
1% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
1% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the
Land; (ii) the character, dimensions or location of any
improvements now or hereafter erected on the Land;
(iii) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of
which the Land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the
extent that notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the Land has
been recorded in the Public Records at Date of Policy.
This exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14 and 16 of this policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in the
Public Records a Date of Policy. This exclusion does
not limit the coverage provided under Covered Risks
12, 13, 14, and 16 of this policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the Public Records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
Knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant;
Attachment One (07/26/10)
(d) attaching or created subsequent to Date of Policy (this
paragraph does not limit the coverage provided under
Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and
26); or
(e) resulting in loss or damage which would not have
been sustained if the Insured Claimant had paid value
for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of the Insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured
Mortgage, or claim thereof, which arises out of the
transaction evidenced by the Insured Mortgage and is based
upon usury, except as provided in Covered Risk 27, or any
consumer credit protection or truth-in-lending law.
6. Real property taxes or assessments of any governmental
authority which become a lien on the Land subsequent to
date of Policy. This exclusion does not limit the coverage
provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority
of the lien of the Insured Mortgage as to advances or
modifications made after the Insured has Knowledge that
the vestee shown in Schedule A is no longer the owner of
the estate or interest covered by this policy. This exclusion
does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to
each and every advance made after Date of Policy, and all
interest charged thereon, over liens, encumbrances and
other matters affecting the title, the existence of which are
Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the
Insured Mortgage which changes the rate of interest
charged, if the rate of interest is greater as a result of
the modification than it would have been before the
modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion
thereof to have been constructed before, on or after Date of
Policy in accordance with applicable building codes. This
exclusion does not apply to violations of building codes if
notice of the violation appears in the Public Records at
Date of Policy.
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance, peirnit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit
the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24,27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify
or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this
policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance
with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Attachment One (07/26/10)
23019313-5E76B95F-F929-4600-8ECF-IB9CE784E573.PRE
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MAP 15361 -CARLSBAD TCT NO 03-04 r
MAP 10595-CARLSBAD TCT NO 80-46
MAP 1661-CARLSBAD LANDS TCT 121
ROS 4831, 14055,15925,18246
•
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@
1• DEDICATED & REJECTED
L S A I
LSA ASSOCIATES, INC.
703 PALOMAR AIRPORT ROAD
SUITE 260
CARLSBAD, CALIFORNIA 92011
March 18, 2013
Matthew Ferree
Financial Analyst
Kraemer Land Company, Inc.
I 0 I South Kraemer Boulevard, Suite 136
Placentia, CA 92870
BERKELEY IRVINE RIVERSIDE
760.931.5471 TEL FORT COLLINS PALM SPRINGS ROCKLIN
760.918.2458 FAX FRESNO PT. RICHMOND SAN LUIS OBISPO
Subject: Biological Resources Letter Report for Buena Vista 12 Project
Dear Mr. Ferree:
This letter report documents LSA's recent survey of the approximately 3-acre project site located
southeast of the intersection of Buena Vista Way and Valley Street in the City of Carlsbad, San Diego
County, California (Figures 1 and 2).
LSA biologist Anthony Greco conducted a pedestrian survey of the proposed project area on
Thursday, March 14, 2013, in order to map the existing vegetation communities, document wildlife
species, and assess the project area for drainages or water conveyance features that could be subject to
City, State, or Federal regulations.
Results
No native vegetation communities or protected habitat types were observed. The site is comprised of
1.27 acre of ornamental landscaping, 0.80 acre of agriculture (avocado orchard), and 0. 78 acre of
developed land (Figure 3). The dominant vegetation community (ornamental landscaping) is
comprised of eucalyptus trees (Eucalyptus spp.), Braziliari pepper (&hinus mol/e), pine trees (Pinus
spp.), olive trees (Olea), Mexican fan palm (Washingtonia robusta), lollypop tree (Myoporum
laetum), elm (Ulmus sp.), arid western sycamore (Platanus racemosa).
The project is outside and not adjacent to ariy Hardline Preserve Areas or Staridards Areas arid does
not function as a wildlife corridor or linkage feature.
Animals observed were Americari crow (Corvus brachyrhynchos ), house finch ( Carpodacus
mexicanus), Costa's hummingbird (Calypte costae), yellow-romped warbler (Dendroica coronata),
song sparrow (Melospiza melodia), Bewick's wren (Thryomanes bewickii), Northern mockingbird
(Mimus polyglottos), California towhee (Pipilo crissalis), Nuttall's woodpecker (Picoides nuttallii),
and Botta's pocket gopher (Thomomys bottae).
No drainage or water conveyance features potentially subject to the jurisdiction of the United States
Army Corps of Engineers pursuant to the Federal Clean Water Act, or of the California Department
ofFish and Wildlife pursuant to the California Fish and Game Code were observed on the site.
3/18/13 (P:\KRA1301-Buena Vista\Biological Resources Letter Report.doc)
PLANNING I ENVIRONMENTAL SCIENCES DESIGN
Summary
The site is comprised of nonnative vegetation communities and developed lands. The site does not
contain protected or regulated habitat or aquatic resources. Provided that vegetation removal is
conducted outside of avian breeding season, or a nesting bird survey conducted by a qualified
biologist determines there are no nests onsite, development of the site would not constitute a
significant impact to biological resources under the California Environmental Quality Act.
Sincerely,
LSA ASSOCIATES, INC.
~
Mike Trotta
Principal
Attachments: Figures 1 and 2
3/18113 (P:\KRA1301-Buena Vista\Biological Resources Letter Reportdoc) 2
L SA
0
FEET
1000
LEGEND
D A"qEd Locaion
2000
9JURCE: USGS 7.5' Qua:!-Sal Llis Ret (1975), CA
R\KRA 1301\GIS\Rjloc.mxd (:Y1412013)
FIGURE 1
Buena Vista 11
A-ojed Locction
RIVERSIDE
FRESNO ROCKLIN
PALM SPRINGS SAN LUIS OBISPO L SA I
LSA ASSOCIATES, INC.
PACIFIC CENTER
703 PALOMAR AIRPORT ROAD, SUITE 260
CARLSBAD, CALIFORNIA 92011
760.931.5471 TEL
760.918.2458 FAX
BERKELEY
CARLSBAD
FORT COLLINS PT. RICHMOND SOUTH SAN FRANCISCO
KRA1301-Buena Vista 11 Development Biological Resource Survey
Introduction.
LSA biologist Anthony Greco conducted a pedestrian survey of the proposed project area on
Thursday, March 14,2013 in order to map the existing vegetation communities, document wildlife
species, and to assess the project area for drainages or water conveyance features that could be subject
to City, State, or Federal regulations.
Project Location.. . .
The Buena Vista II Development project is located southeast of Buena Vista Way and VaHey Street
in the City of Carlsbad, San Diego County (Figures I & 2).
Vegetation Communities. . . . . . . . . . . .
The approximately 3-acre project area consists of 1.27-acre of ornamental landscaping, 0.80-acre of
agriculture (i!vocado orchard), and 0.78-acre of developed land (Figure 3 ). ,The site is dominated by
ornamental landscaping including Eucalyptus (j:uca/yptus spp.). Brazilian pepper (Jichinus mo/le ),
Pine (finus spJ2.).0live (.Olea), Mexican fan palm(.,Washingtoniarobusta), lollypop tree (Myoporum
/aetum), elm (Jjfi!JUS sp.), ~~ SYS~~Ore {ffata_nl}_~ _rac_e~l?Sa_). \
Since no natural vegetation communities were observed within the project area, no mitigation is
required pursuant to the City of Carlsbad Habitat Management Plan (HMP).,
Wildlife Species Observed,
American crow (Corvus brachyrhynchos), house finch (Carpodacus mexicanus), Costa's
hummingbird (Calypte costae), yellow-romped warbler(Dendroica coronata), song sparrow
(Melospiza me/odia), Bewick's wren (Thryomanes bewickil), Northern mockingbird (Mimus
polyglottos), California Towhee (Me/ozone crissalis), Nuttall's woodpecker (Picoides nuttal/ii), and
pocket gopher ( Geomys sp. ).
Jurisdictional Waters
No drainage or water conveyance features were identified within the project area
Recommendations. . . . . . . . . . . . . . . . . . . . . .
Due to the abundance of suitable nesting habitat for raptors and song birds within the project area,
LSA recommends conducting all vegetation removal outside of the nesting bird season (February-
August). If vegetation removal must occur during nesting bird season, then preconstruction nesting
bird surveys should be conducted prior to vegetation removal and ground disturbing activities.
Attachment:
Figure l: Project Location
Figure 2: Project Aerial
Figure 3: Vegetation Mapping
I 3/18/1 :J.(C\Documentsand Settings\ROBERT REYNOLDS\Local Settings\Temwrf!O' Internet Files\OLK24\KRA 130l A Greco.doc~
',i'
[Deleted::
[Deleted::
[Deleted::
Deleted: A
Deleted: s
Deleted: Since no natural vegetation
cormnunities were oo-ved within lhe
project area, no mitigation is required
pmsuant to the City of Carlsbad Habitat
Management Plan (HMP).
Fonnatled: Font: Italic
Fonnatled: Font: Italic
Formatted: Font: Italic
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Delelad:
Deleted::
Deletad::
Deleted: 3115113
Deletad: H:IRRockweU\Carlsbad\A
Greco 2013-2-26.doc
u~
CITY OF CARLSBAD
AUG 1 0 2013
PLANNINeDEPARTMENT
San Diego
P.O. Box 1201911 San Diego/ CA 92112-0191
AFFIDAVIT OF PUBLICATION
STATE OF CAL£FORNIA] ss.
County of San Diego}
The Undersigne d, d ecla res under penalty of pe rj ury
under the laws of the State o f California: That she is a
reside nt of the County of San Diego. That she is and at all
times herein mentioned was a citizen of the United States, over the age
of twenty-one years, and that he is not a party to, nor interested in the
above entitled matter; that he is Chief Clerk for the publisher of
The San Diego Union-Tribune-North County
a newspaper of general circulation , printed and published daily in the
City of San Diego, County of San Diego, and which newspaper is
published for the dissemination of local news and intelligence of a
general character, and which newspaper at all the ti mes herein
mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and
published at regular intervals in the said City of San Diego, County of
San Diego, fo r a period exceeding one year next preceding the date of
publication of the notice hereinafter referred to, and which newspaper is
not devoted to nor published for the interests, entertai nment or
instruction of a particular class, profession, trade, calling, race, or
denomination, or any number of same; that the notice of which the
annexed is a printed copy, has been published in said newspaper in
accordance with the instructions of the person(s) requesting publication,
and not in any supplement thereof on the following dates, to wit:
August 091h, 2013
Chief Clerk for the Publisher
Jane Allshouse
I certify under penalty of perjury under the
Laws of the State of Cal ifor nia that the
foregoing i s true and correct , and t hat t his
affidavi t is executed on August ogth,2013 in the
City of Oceanside, California.
(i) PLANNING COMMISSION PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your In-
terest may be affected/ that the Planning Commission of the City of Carlsbad will hold a public hearing at the
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 21,
2013, to consider the following:
1 J CT 13..01/PUD 13-03 • BUENA VISTA 11 -Request for the ap-proval of a Tentative Tract Mop and Planned Development Per-mit to allow for the demolition of three single family residences and to subdivide and grade a 2.73 acre site Into eleven (11) single-family residential lots and one private street lot, on prop-
erty located on the southwest corner of the Intersection of Bueno Vista Way and Volley Street In Local Facilities Management
Zone 1. The City Planner has determined that this proiect is ex-empt from the requirements of the California Environmental
Quality Act CCEQAJ pursuant to Section 15332 'In-Fill Develop-ment Projects" of the State CEQA Guidelines and will not hove any adverse significant impact on the environment.
The project is exempt from the California Environmental Quali-ty Act.
If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the pub-lic hearing described in this notice or In written correspandence delivered to the City of Carlsbad at or prior to the public hear-ing.
Copies of the environmental documents ore available at the Planning Division at 1635 Faraday Avenue during regular busi-ness hours from 7:30 om to 5:30 pm Monday through Thursday and 8:00am to 5:00pm Friday.
Those persons wishing to speak on these proPOsals ore cordially invited to attend the public hearing. Copies of the staff reparts
will be available online at http://corlsbad.granlcus.comNiewP . ubllsher.php?vlew id=6 on or otter the Friday prior to the hear-ing dote. If you hove any questions, please call the Planning Di-vision at (760) 602-4600.
PUBLISH: August9, 2013 CITY OF CARLSBAD PLANNING DIVISION
---------------------------
ATTACHMENT "2"
CERTIFICATION OF POSTING
I certify that the "Notice of Project Application" has been posted at a conspicuous location on
thesiteon (t:~/3
( ATE)
SIGNATURE: ~-,-12-Gatt ·
PRINT NAME~f~c;;IQG:6l.s
PROJECT NAMf"""" 7Elf=;. i2<-?Ce (_A-~
PROJECT NUMBER: e:..,/ /3-0 /,?u 7:> /'5--0 3 ,
LOCATION: /6 77~6' 'ri P:Slii ~
~~l1t~
~~f._/ __ RETURNT~<"c~
(Planner)
P-21
CITY OF CARLSBAD
PLANNING DIVISION
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Page 4 of6 Revised 07/10
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.
~ A6::_N::._.-,.-...--· _ __. • ...,w:i02.._ __
APPLICANT OR APPUCANT'S REPRESENTATIVE
RECEIVED BY
(~~ CITY OF
•"CARLSBAD
Memorandum
October 1, 2013
To:
From:
Re:
John Kim, Traffic Engineering Division
Mike Peterson, Development Services Manager
Nick Roque, Transportation -Streets
Lori Allen, Police Department
GIS Department
Greg Ryan, Fire Department
Glen Van Peski, Land Use Engineering
Planning Technician
STREET NAMES FOR CT 13-01-BUENA VISTA 11
The following street name has been approved as a part of the final map processing for CT 13-01-Buena
Vista 11. A map delineating street locations is attached.
Private Streets:
A Lido Place
As much as you are able, please make sure approved street names are shown and spelled correctly on
all final map and construction drawings.
Attachment
c: Greg Fisher, Project Planner
Tecla Levy, Project Engineer
Mario Remillard, Mtce. & Opr.
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax
_4~.A.,. C I T Y 0 F
FILE COPY
:!:J ·d9 ·13
~"'CARLSBAD
Community & Economic Development www.carlsbadca.gov
I EARLY PUBLIC NOTICE
PROJECT NAME: Buena Vista 11
PROJECT NUMBER: CT 13-01/ PUD 13-03
This early public notice is to let you know that a development application for a Tentative
Tract Map and Planned Development project within your neighborhood has been
submitted to the City of Carlsbad on 3/18/2013. The project application is undergoing
its initial review by the City.
LOCATION: 1677 Buena Vista Way. The subject site is generally located at the
southwest corner of Buena Vista Way and Valley Street.
PROJECT DESCRIPTION: Subdivide 2.73 acres into 11 single family lots with a
minimum lot size of 7,500 square feet.
Please keep in mind that this is an early public notice and that the project design could
change as a result of further staff and public review. A future public hearing notice will
be mailed to you when this project is scheduled for public hearing before the Planning
Commission.
CONTACT INFORMATION: If you have questions or comments regarding this
proposed project please contact Greg Fisher, Assistant Planner at
greg.fisher@carlsbadca.gov, or call 760-602-4629, City of Carlsbad Planning Division,
1635 Faraday Avenue, Carlsbad, CA 92008.
I
Community & Economic Development
May 30,2013
Kraemer Land Company, Inc.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
LJ FILE
www.carlsbadca.gov
SUBJECT: CT 13-o1/PUD 13-o3-BUENA VISTA 11-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
APPLICABILITY /PROCESS DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
The City Planner 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 15332
(In-Fill Development Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. The project is
consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the City
limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value
as habitat for endangered, rare, or threatened species; approval of the project will not result in significant
effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all
required utilities and public services. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office
which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out
to the San Diego County Clerk. The check should be submitted approximately one week prior to the
Planning Commission hearing decision date.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Greg Fisher, at (760) 602-4629 or greg.fisher@carlsbadca.gov.
DON NEU, AICP
City Planner
DN:GF:sm
c: Constantino Medina, JR, 2448 Flametree Road, Vista, CA 92083
Robert Reynolds, 1819 Jamaica Way, Vista, CA 92081
Chris DeCerbo, Principal Planner
Tecla Levy, Project Engineer
File Copy
Data Entry
Planning Division ~-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
(~4) CITY OF
-.CARLSBAD
Memorandum
June 5, 2013
To: Greg Fisher, Planner
From: Tecla Levy, Associate Engineer
Re: CT 13-01/ PUD 13-03-BUENA VISTA 11
Engineering Department staff has completed the 2nd review of the above application submittal
documents for completeness. The application documents submitted for this project are
complete. Prior to next submittal, it is suggested the following items are adequately addressed:
Issues of concern:
A) Site Plan:
1. Indicate that an encroachment agreement will be required for the proposed turfstone
shown within Buena Vista Way right-of-way. Locate the flow line in the turfstone at the
ultimate gutter location.
2. Please show an additional 20 feet wide public utility easement within lot 5 to allow for
future water and sewer connection for future development of the adjacent property
(see location on the red-lined site plan).
3. Please provide a preliminary soils report that identifies site soil, geologic conditions and
provides preliminary grading recommendations.
4. Comply with all other comments shown on red-lined plans.
B) Hydrology Report:
5. The narrative on page 9 of the hydrology report regarding hydromodification should be
included in the SWMP report and not in the hydrology report. On page 9, it is incorrectly
stated that Buena Vista Lagoon is a tidally influenced and therefore is exempt from
hydromodification requirements. Buena Vista Lagoon is not a tidally influenced lagoon. I
mentioned in our previous meetings, this project is potentially exempt from
hydromodification requirement. The city is currently conducting a study to evaluate if
Buena Vista Lagoon can be considered as a stabilized conveyance. Assuming that the
Buena Vista Lagoon study is completed and approved, this project is exempt from
hydromodification requirement. However, the preliminary SWMP report must still
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
..
CT 13-01/ PUD 13-03
June 5, 2013
Page 2
include a section regarding hydromodification compliance with a narrative explaining
why this project is exempt and appropriately reference the City study when completed.
6. Provide details of the outlet structure for the ChamberMaxx Storage system showing
location of orifice/weir for 100-year flow.
7. Comply with all other comments shown on the red-lined preliminary hydrology report.
C) SWMP Report:
8. The project is proposing to use Katchall, Purestream Bio-filtration System as the
treatment BMP for the majority of the site, including 9 of the 11 proposed lots and the
proposed private street. Only 4 lots are being treated with bioretention systems.
The Katchall is considered a high rate media filter with an infiltration rate of 181.8
inches/hour (see attached specifications from the manufacturer). Table 2-3 on page 25
of the city SUSMP (see attached) indicates that higher-rate media filters have low
efficiency in treating pollutants that tend to dissolve such as nutrients and have medium
efficiency in treating pollutants that tend to associate with fine particles such as oil and
grease, pesticides, bacteria, organic compounds. Per the city SUSMP (page 26), lack of
space, in itself, is not a suitable justification for using less-effective treatment on a
development site because the site design can be altered to accommodate appropriate
and effective BMPs.
Less-effective treatment is typically used as part of treatment train, used in conjunction
with other treatment BMP such as bioswales, or used in infill projects where more
effective treatment BMPs are not feasible. Please revise and provide effective treatment
BMP to the maximum practicable extent. Provide adequate justification in the SWMP
report if less-effective treatment BMP is proposed.
9. The SWMP report must include a section regarding hydromodification. Indicate how this
project complies with hydromodification requirements. Include HMP Applicability
Determination Flow Chart, Figure 2-1 on page 30 of the city SUSMP (see attached). See
also item 4 comment above regarding hydromodification.
10. The preliminary soils report must include design recommendations for the proposed
stormwater treatment BMPs and detention system.
11. Comply with all other comments shown on the red-lined preliminary SWMP report.
CT 13-01/ PUD 13-03
June 5, 2013
Page 3
C) Resubmittal:
12. Please submit the following documents in the next review submittal:
a) 1 copy of the revised preliminary site plan
b) One copy each ofthe revised SWMP, hydrology report
c) One copy of preliminary soils report
d) 2nd review red lined plans and all red-lined reports
CITY OF
CARLSBAD
Police Department www.carlsbadca.gov
Date: March 22, 2013
To: Planning Tracking Desk-Planning Department
From: J. Sasway, Crime Prevention Specialist, Carlsbad Police Department
Subject: CT 13-01/PUD 13-03-Buena Vista 11
Plan Review Recommendations
The City of Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security
recommendations. The purpose of this document is to safeguard property and public welfare by regulating and
reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all
buildings and structures. The standards used in this document represent model international standards.
Crime Prevention through Environmental Design
The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of
crime and an improvement in the quality of life. The proper design influences this by positively affecting human
behavior. The design includes the physical environment, the planned behavior of people, the productive use of
space and an effective crime/loss prevention program.
Natural Surveillance
1. Place and design physical features to maximize visibility. This will include building orientation, windows,
entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction.
a. Courtyards are not recommended.
b. Inset patios are not recommended.
2. Design the placement of persons and or activities to maximize surveillance possibilities.
3. Design lighting that provides for appropriate nighttime illumination of walkways, entrances and
driveways.
Natural Access Control
1. Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances.
2. Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from
dark and or unmonitored areas.
Provisions for territorial reinforcement
1. Use pavement treatments, landscaping and fences to define and outline ownership or property.
Lighting
1. Equip building on all sides with light fixtures.
2. All types of exterior doors should be illuminated during the hours of darkness.
3. Install lights on the building in the eaves to illuminate the perimeter of the house.
4. Choose light fixtures with dawn to dusk sensors or timers not motion sensors.
«~~~-------------------------------------------------~ 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473
Landscaping
1. Plan a landscaping design that enhances surveillance and security.
2. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies.
3. Ensure landscaping plan does not deter from lighting and addressing.
4. Plant only low profile shrubs that can be maintained below two (2) feet.
5. Use security plants where necessary to prevent entering and tampering.
6. Install walls and fences that are see-through and enhance surveillance.
7. Install lockable gates that allow surveillance.
Addressing
1. Locate numerals where they are clearly visible from the front street
2. Contrast the numeral's color to the background on which it is affixed.
3. Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness.
Entrances
1. Design front entrances to provide vision from the front door to the front access street.
2. Keep entranceways clear of clutter.
3. Courtyards are not recommended.
Doors
1. Do not use of glass within 42 inches of a locking device.
2. A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection
exceeding one inch or a hook-shaped or expanding dead bolt that engages the strike sufficiently to prevent
spreading. The dead bolt lock shall have a minimum of five-pin tumblers and a cylinder guard.
3. Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4)
inches.
4. Provide a double door inactive leaf with metal flush bolts having a minimum embedment of five-eighths
(5/8) of an inch into the header and footer of the doorframe.
Strike Plates
1. Reinforce all dead bolt strike plates. Choose Strike plates constructed of a minimum 16 U.S. gauge steel,
bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least
two {2) inches into the solid backing beyond the surface to which the strike is attached. Re-enforcement
of the door area around the lock is also suggested.
Viewer
1. Arrange entrance doors so that the occupant has a view of the area immediately outside the door without
opening the door. Except doors requiring a fire protection rating that prohibits them, such a view may be
provided by a door viewer having a field of view of not less than 190 degrees. Mounting height should not
exceed fifty-four (54) inches from the floor.
Windows and sliding glass doors
1. All exterior sliding glass doors and windows should be equipped with locking devices which will keep the
sliding panel of the door or window from being opened from the outside horizontally or vertically.
2. Ensure windows have security features preventing the window from being forced to slide or rise.
; 4
3. Consider security glazing.
Alarm system
1. When considering an alarm system, consider a verified system.
This information is a representation of information gathered on a national level. The purpose is to provide
effective and consistent information. If you would like additional assistance concerning building security, please
contact the Crime Prevention Unit at (760) 931-2105.
By Jodee Sasway, Crime Prevention Specialist
Carlsbad Police Department
760-931-2195 or jodee.sasway@carlsbadca.gov
www.carlsbadca.gov
DATE: MARCH 19, 2013
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
PROJECT NO(S): CT 13-01/PUD 13-03 ~· II 1 lllf'IIIIZT REVIEW NO: 1 _.
PROJECT TITLE: BUENA VISTA 11
APPLICANT: KRAEMER LAND COMPANY, INC./ROBERT REYNOLDS
TO: I:8J Land Development Engineering-Tecla Levy
I:8J Police Department-J. Sa sway
I:8J Fire Department-Greg Ryan II Building Department-Will Foss
D Recreation-Mark Steyaert
D Public Works Department (Streets)-Nick Roque
D Water/Sewer District
I:8J Landscape Plancheck Consultant-PELA
D School District
D North County Transit District-Planning Department
D Sempra Energy-Land Management
D Caltrans (Send anything adjacent to 1-5)
D Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
Please review and submit written comments and/or conditions to the PLANNING TRA,KING pESK
in the Planning Division at 1635 Faraday Avenue, by 4/8/13. If you have "No Comments," please
so state. If you determine that there are items fhat need to be submitted to deem the
application "complete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
Thank you M f).
COMMENTS: __ IV_ O~~:;___..;..M~f!?V:.....t...=...-~.75-:;:t~---------------
N1Mt / s~ Date
(
PLANS ATIACHED
Review & Comment 12112 EG
_4~_A. C I T Y 0 F
VcARLSBAD
Community & Economic Development
August 22, 2013
Robert Reynolds
1819 Jamaica Way
Vista CA 92081
PLANNING COMMISSION
NOTICE OF DECISION
SUBJECT: CT 13-01/PUD 13-03-BUENA VISTA 11
fv\o.ded o8\.;>J \ ,.,
FILE COPY
www.carlsbadca.gov
At the August 21, 2013 Planning Commission meeting, your application was considered. The
Commission voted 7-0 to approve your request. The decision of the Planning Commission is final on the
date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10)
calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The
written appeal must specify the reason or reasons for the appeal.
If you have any questions regarding the final dispositions of your application, please contact your project
planner Greg Fisher at (760) 602-4629 or greg.fisher@carlsbadca.gov.
Sincerely,
DON NEU, AICP
City Planner
DN:GF:bd
c: Matt Ferree, Kraemer Land Company Inc., Suite 136, 101 South Kraemer Blvd., Placentia CA 92870
Constantino Medina Jr., 2448 Flametree Road, Vista CA 92083
Data Entry
File
enc: Planning Commission Resolution No. 7006 and 7007
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
~ • <~t!,lf' CITY OF
~CARLSBAD DFILE
Community & Economic Development www.carlsbadca.gov
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on
Wednesday, August 21, 2013, to consider a request for the following:
CASE NAME: CT 13-01-BUENA VISTA 11
PUBLISH DATE: August 9, 2013
DESCRIPTION: CT 13-01/PUD 13-03-BUENA VISTA 11 -Request for the approval of a Tentative Tract
Map and Planned Development Permit to allow for the demolition of three single family residences and
to subdivide and grade a 2.73 acre site into eleven (11) single-family residential lots and one private
street lot, on property located on the southwest corner of the intersection of Buena Vista Way and
Valley Street in Local Facilities Management Zone 1. The City Planner has determined that this project is
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse
significant impact on the environment.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and
provide the decision makers with any oral or written comments they may have regarding the project.
Copies of the staff report will be available online at
http://carlsbad.granicus.com/ViewPublisher.php?view id=6 on or after the Friday prior to the hearing
date.
If you have any questions, or would like to be notified of the decision, please contact Greg Fisher in the
Planning Division at (760) 602-4629, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00a.m.
to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008.
APPEALS
The time within which you may judicially challenge these projects, if approved, is established by State
law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must
be filed in writing within ten {10) calendar days after a decision by the Planning Commission.
CITY OF CARLSBAD
PLANNING DIVISION
Planning Division
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax
SITE MAP
• N
NOT TO SCALE
Buena Vista 11
CT 13-01 I PUD 13-03
.4~A_ CITY OF
VcARLSBAD
Community & Economic Development July 30, 2013
Robert Reynolds
1819 Jamaica Wy
Vista CA 92081
SUBJECT: CT 13-01/PUD 13-03-BUENA VISTA 11
1~\wilicf l/ ~I l I::,
FILE COPY
www.carlsbadca.gov
The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, August
7, 2013. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC)
meeting which will be held on August 12, 2013. A twenty (20) minute appointment has been set aside for you at
9:00a.m. If you have any questions concerning your project you should attend the DCC meeting.
It is necessary that you bring the following required information with you to this meeting or provide it to your
planner prior to the meeting in order for your project to go forward to the Planning Commission:
1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more
homes a typical street scene of the elevations shall be provided. The corresponding rear elevations
for the homes shown for the typical street scene shall also be provided; and
2. A PDF of your colored site plan and elevations.
The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their
briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later
time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning
Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting,
please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above.
Should you wish to use visual materials in your presentation to the Planning Commission, they should be
submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission
Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please
label all materials with the agenda item number you are representing. Items submitted for viewing, including
presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited
to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and
must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be
returned upon written request.
If you need additional information concerning this matter, please contact your Planner, Greg Fisher at (760) 602-
4629.
DON NEU, AICP
City Planner
DN:GF:bd
c: File Copy
Project Engineer
Matt Ferree, Kraemer Land Company Inc., Suite 136, 101 South Kraemer Blvd., Placentia CA 92870
Constantino Medina Jr., 2448 Flametree Road, Vista CA 92083
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
·'
Community & Economic Development
July 22, 2013
Kraemer Land Company, Inc.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
SUBJECT: CT 13-01/PUD 13-03-BUENA VISTA 11
LJ FILE
www.carlsbadca.gov
Your application has been tentatively scheduled for a hearing by the Planning Commission on August 21,
2013. However, for this to occur, you must submit the additional items listed below. Please submit the
following documents by August 5 2013. In the event the scheduled hearing date is the last available
date for the City to comply with the Permit Streamlining Act, and the required items listed below have
not been submitted, the project will be scheduled for denial.
1. Please submit the following plans:
A) 10 copies of your (site plan/tentative map, landscaping, etc.) on 24" x 36" sheets of
paper, stapled in complete sets folded into 8W x 11" size.
B) One SW' x 11" copy of your reduced plans. These copies must be of a quality which is
photographically reproducible. These can be sent as a PDF or similar format.
C) One 24" x 36" copy of the site plan in color. This should be un-mounted. Please email
this in a PDF or similar format in addition to the printed copy.
2. As required by Section 65091 of the California Government Code, please submit the following
information needed for noticing and sign the enclosed form:
A) 600' Owners List - a typewritten list of names and addresses of all property owners
within a 600 foot radius of the subject property, including the applicant and/or owner.
The list shall include the San Diego County Assessor's parcel number from the latest
equalized assessment rolls.
B) 100' Occupant List-(Coastal Development Permits Only) a typewritten list of names and
addresses of all occupants within a 100 foot radius of the subject property, including the
applicant and/or owner.
• Planning Division ~~··----~------------------------------------------------------------,.-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
GT 13·~/I?UD p-03-BUE,VISTA 11
July 22,.2013
Page 2
C) Mailing Labels -two (2) separate sets of mailing labels of the property owners within a
600 foot radius of the subject property. The list must be typed in all CAPITAL LEITERS,
left justified, void of any punctuation. For any address other than a single family
residence, an apartment or suite number must be included but the Apartment, Suite
and/or Building Number 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: Arialll pt, Arial Rounded MT Bold 9 pt, Courier 14
pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows:
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
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
D) Radius Map -a map to scale, not less than 1" = 200', showing all lots entirely and
partially within 600 feet of the exterior boundaries of the subject property. Each of
these lots should be consecutively numbered and correspond with the property owner's
list. The scale of the map may be reduced to a scale acceptable to the Planning Director
if the required scale is impractical.
E) 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:sm
Attachment
c: Robert Reynolds, 1819 Jamaica Way, Vista, CA 92081
'·
Community & Economic Development
April 24, 2013
Kraemer land Company, Inc.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
a FILE
www.carlsbadca.gov
SUBJECT: CORRECTION TO l 5t REVIEW lETTER FOR CT 13-01/PUD 13-03-BUENA VISTA 11
Dear Applicant,
Regarding the issues letter dated April15, 2013, a Planning Division project issue was unintentionally omitted
from the issues letter. Please revise the project to address the issue identified below prior to second
submittal.
Pursuant to Section 21.45.060 of the Carlsbad Municipal Code, Private Street "A" must provide a minimum
right-of-way width of 56 feet and only 45 feet is shown on the site plan. The Planned Development
ordinance also requires both a minimum 5.5 foot landscaped parkway and 5 foot sidewalk setback 6 inches
from property line. Please review Section 12.45.060 (Table C) of the C.M.C. regarding private streets and the
minimum right-of-way width requirements. The minimum curb-to-curb width of 34 feet shown on the site
plan is consistent with the PD development standards, however, is superseded by the Fire Department's
more restrictive minimum curb-to-curb width of 36 feet. Keep in mind that if the Fire Department requires
curb-to-curb width of 36 feet, then a total right-of-way width of 58 feet will be required.
All of the outstanding issues must be resolved for your project prior to it being scheduled for a public hearing.
Please contact Greg Fisher at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss
the application.
Sincerely,
CHRIS DECERBO
Principal Planner
CD:GF:sm
Attachment
c: Constantino Medina, Jr., 2448 Flametree Road, Vista, CA 92083
Robert Reynolds, 1819 Jamaica Way, Vista, CA 92081
Jeff Lundstrom, 5333 Mission Center Road, Suite 115, San Diego, CA 92108
Chris DeCerbo, Team leader
Tecla levy, Project Engineer
Don Neu, City Planner
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
~~~---------------------R~/_W_=1~2~6·----------------------~~ 10' 106' 10'
PRIME ARTERIAL STREET
-------MAJOR ARTERIAL STREET
t -.j I---6"TYP
------SECONDARY ARTERIAL STREET
DATE
~~--------~R~W~=6=o_·--~----~~
10' 40 10'
4.5' 5.5' 5.5' 4.5' t
-.j j.-6 "TYP
COLLECTOR STREET
CITY OF CARLSBAD
STANDARD
STREET WIDTHS
* USE WIDER DIMENSIONS Wl-iERE
ANY PORTION OF ADJACENT
LOTS CONTAIN A FIRE HAZARD
ZONE/FIRE SUPPRESSION ZONE
CITY ENGINEER DA'TE
SUPPLEMENTAL
STANDARD NO. GS-1
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VcARLSBAD
LJ FILE
Community & Economic Development www.carlsbadca.gov
April15, 2013
Kraemer Land Company, Inc.
101 South Kraemer Boulevard, Suite 136
Placentia, CA 92870
SUBJECT: 1st REVIEW FOR CT 13-01/PUD 13-03-BUENA VISTA 11
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Tentative Tract Map and Planned Development Permit, application no. CT 13-01/PUD 13-03, as to
its completeness for processing.
The application is complete, as submitted. Although the initial processing of your application may have
already begun, the technical acceptance date is acknowledged by the date of this communication. The
City may, in the course of processing the application, request that you clarify, amplify, correct, or
otherwise supplement the basic information required for the application. In addition, you should also
be aware that various design issues may exist. These issues must be addressed before this application
can be scheduled for a hearing. The Planning Division will begin processing your application as of the
date of this communication.
At this time, the City asks that you provide 5 complete sets of the development plans so that the project
can continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days.
In order to expedite the processing of your application, you are strongly encouraged to contact your
Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your
application and to completely understand this letter. You may also contact each commenting
department individually as follows:
• Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602-2733.
• Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
01~ li~/\1
CHRIS DeCERBO " \_a
Principal Planner
CD:GF:sm
Attachments:
1. Engineering red-line comments
2. Preliminary Drainage Study
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
e CT 13-01/PUD 13-03-BUENA VISTA 11
April15, 2013
Page 2
3. Storm Water Management Plan
4. Landscape red-line comments
c: Constantino Medina, Jr., 2448 Flametree Road, Vista, CA 92083
Robert Reynolds, 1819 Jamaica Way, Vista, CA 92081
Don Neu, City Planner
Tecla levy, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
'
CT 13-01/PUD 13-03-BUEI VISTA 11
April15, 2013
Page 3
Planning:
ISSUES OF CONCERN
1. Please label all related project numbers (i.e., CT 13-01/PUD 13-03) associated with this project in the
upper right hand corner of each sheet of the project plan set.
2. Regarding all proposed walls/fencing, please provide the materials, heights and an elevation/detail
of each for review including cross sections. All proposed walls/fences and their locations should be
clearly identified on both the tentative map and landscape plan. As a reminder, the total height of
all walls, fences, retaining walls, and combination fence/retaining walls cannot exceed six feet when
located within a side or rear setback. In addition, clarify the proposed wall heights as they appear
to be taller than indicated on the plans based on the TW and BW elevations provided. Furthermore,
staff has concerns with retaining walls for the purpose of increasing pad height when located along
a perimeter property line and the visual impact they may have on adjacent properties. The project
should be designed so that the retaining walls are at the lowest height possible so as not to
adversely impact the neighbor along the southerly property line but tall enough to accomplish the
project's drainage objectives.
3. Please make a note on Sheet C1 under "constraints information" that the entire site (2.73 acres) can
be included in the residential density calculations pursuant to section 21.53.230 of the Carlsbad
Municipal Code which determines the residential density based on the number of dwelling units per
developable acre of property.
4. Make a note on the plans if any of the existing on-site trees are to be saved.
Engineering:
Engineering Department staff has completed the first review of the above application submittal
documents for completeness. The application documents submitted for this project are complete. Prior
to next submittal, it is suggested the following items are adequately addressed:
Site Plan:
1. On C2, show all proposed treatment BMPs including cross-sections and details as shown in the
SWMP report. Show locations of flow control orifices to meet hydromodification requirement and to
mitigate the increase in 100-year flow. Show location of the emergency overflow.
2. Show locations of sewer and water services.
3. Show proposed general utility easement within Street A for the proposed public utilities including
sewer and water.
4. Show locations of sewer and water services for each lot.
5. Show driveway locations for each lot.
6. Indicate that an encroachment agreement will be required for the proposed enhanced pavement
shown within Buena Vista Way right-of-way.
CT 13-01/PUD 13-03-BUE,VISTA 11
Apri115, 2013
Page 4
7. The proposed meandering sidewalk along Buena Vista Way and Valley Street requires City Council
approval through an alternative street design process. Please see attached "Alternative Stre.et
Design Approval Process". Note that this process may take time. In order to facilitate the tentative
map processing, we suggest that the Alternative Street Design for Buena Vista Street and Valley
Street be processed independently. Delete the proposed sidewalk from the tentative map.
8. The site plan shows private street "A" as a crowned street with curb and gutter and sidewalk on
both sides. There is no inlet shown at a low point on the west side of street "A". Please clarify how
the run-off from the gutter is captured. The proposed pervious pavers at this location are not
designed to capture high flows.
9. Show a private storm drain easement for the proposed private storm drain pipe along the eastern
boundaries of lots 6, 7 and 9, and along the northern boundary of lot 7. The said storm drain pipe
shall be maintained by the Home Owners Association (HOA).
10. Show a private storm drain easement for the proposed brow ditch at the southern boundaries of
lots 11, 6 and 5 and, at the western boundaries of lots 1 to 5. The said brow ditch shall be
maintained by the Home Owners Association (HOA).
11. Provide manufacturer specifications showing that the proposed pervious pavers and detention
chambers in Street A have the capacity to handle traffic load.
12. This project will be conditioned to provide for the maintenance of shared private improvements
including private Street A, stormwater treatment facilities and storm drain pipes, brow ditches,
slopes and retaining walls within the proposed subdivision.
13. Meet with the Fire Department to identify the necessary fire protection measures required for this
project (access, fire hydrants, sprinkler system, etc.).
14. Comply with all other comments shown on red-lined plans.
Hydrology Report:
15. Revise hydrology analysis to include off-site drainage basins that drains into the project site.
16. Provide detention basin routing calculations to mitigate for the increase in run-off. Provide details of
the outlet structure showing location of orifice/weir for 100-year flow.
17. Comply with all other comments shown on the red-lined preliminary hydrology report.
SWMP Report:
18. The project is proposing to use pervious pavers and rock-lined swales as treatment BMPs. These
BMPs were sized using sizing factors for a bioretention basin. Pervious pavers and rock-lined swales
as shown are not equivalent to bioretention basins. The sizing factor of 0.04 is the ratio of the design
intensity of rainfall on tributary impervious surfaces (0.2 inches per hour) to the design percolation
rate in the facility (5 inches per hour through an engineered soil mix in a bioretention basin), see
attached page 29 of City SUSMP. A bioretention system has surface volume to allow stormwater to
--,•,
'· .. e
CT 13-01/PUD 13-03-BUENA VISTA 11
AprillS, 2013
Page 5
pond and infiltrate slowly into the treatment layer {18" of engineered soil layer) for maximum
treatment.
In contrast, the details for the proposed pervious paver system and rock-line swales shown in the
SWMP report do hot show treatment layer equivalent to an 18" of engineered soil mix. The
stormwater will quickly infiltrate into the gravel and angular sand base and drain into perforated
pipes. Per the city SUSMP, the pervious paver system is considered an infiltration BMP if the run-off
stored in the base of the pavers is allowed to infiltrate into the native soil (best for soil type A and B)
and the base depth has adequate volume to detain the treatment volume as well as support the
design traffic load (See attached pervious pavement design criteria, pages 82 and 83 of City SUSMP).
However, the project's soil type is D and the proposed paver system and rock-lined swales are lined
with impermeable liner as recommended by the soil engineer, so no infiltration of run-off occurs.
The proposed porous pavement system and rock-lined swales as shown are considered inadequate
as treatment BMP.
19. Comply with all other comments shown on the red-lined preliminary SWMP report.
Resubmittal:
20. Please submit the following documents in the next review submittal:
a) 1 copy of the revised preliminary site plan
b) One copy each of the revised SWMP, hydrology report
c) 1st review redlined plans and all red-lined reports
Landscaping:
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements of the City of Carlsbad's Landscape Manual.
Numbers below are referenced on the red line plans where appropriate for ease in locating the area of
the comment concern.
1. Plans are too conceptual to provide an appropriate review. One symbol is used for all trees, shrubs
and ground covers which may be very different in size and character. Please provide a separate
symbol for each type of tree and shrub (i.e. large evergreen tree or shrub, medium size tree or
shrub, small flowering accent tree or shrub, etc.) and ground covers. Final comments are reserved
pending receipt of more complete plans.
2. Please show and label the following on the plans:
a) Property lines, right-of-ways, drainage elements, utilities, etc.
b) All existing and proposed easements.
c) All vehicular sight lines, including intersection site distance corridors (see Figures 3-A and 3-B)
and Ca/Trans sight distance standards (i.e.: stopping sight distance).
3. The planting palette shall include:
a) Tree types and quantities.
b) Shrub types and spacing with general layout.
c) Ground cover types and spacing.
d) Proposed plant sizes (either by number or percentage {%) of total quantity).
e CT 13-01/PUD 13-03-BUENA VISTA 11
April15, 2013
Page 6
4. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in
caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to
be retained or removed.
5. Invasive species shall not be added to a landscaped area. Check all proposed plantings and insure
no invasive species are listed.
6. Please show the street walk and right-of-way area as HOA maintained. The City will not be
responsible for maintenance of these areas.
7. Please coordinate landscape plans with the civil plans.
8. Please show and label all bio-swales/detention basins or underground drainage collection systems
(in or under planting areas that could impact the planting) and provide appropriate landscaping.
9. Please provide a copy of the latest civil grading plans with the next submittal for cross checking.
10. Please address the following for all vehicular sight lines:
a) The plan shall demonstrate that plants, when installed and at maturity, will be positioned to
avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other
vehicular travel ways.
b) On collector streets and larger, landscape elements over 30 inches in height (including planting
measured at maturity) as measured from adjacent street grade are not permitted at street
corners within a triangular zone drawn from two points, 25 feet outward from the beginning of
curves.
c) At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from
the edge of the apron outward along the curb, then 45 degrees in toward the property.
d) Ensure that landscape elements at interior private driveway intersections do not obstruct sight
lines, so that circulation and pedestrian safety can be maintained.
11. The Landscape Manual indicates that landscaping shall be used to enhance and be compatible with
the positive character of existing neighborhoods and Carlsbad as a whole. Please insure this
requirement is met.
12. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to
screen elements of unsightliness and screen/soften new improvements. It further indicates that
evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100%
screening within two (2) years of installation. Please coordinate modifications to the plans to allow
landscaping along the south retaining wall to screen and soften the wall from adjacent property
views.
13. All trees (except on slopes 3:1 or steeper) shall be a minimum 15 gallon size. Please address.
14. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please
address.
15. Woody shrubs shall be planted over herbaceous ground cover areas to cover 60% of the ground
cover area (at mature size). Please address.
,?· ....
•• e
CT 13-01/PUD 13-03-BUENA VISTA 11
April15, 2013
Page 7
16. Trees shall be selected from the approved tree replacement list identified in Chapter 6 of the
Carlsbad Community Forest Management Plan, unless approved otherwise. Please address.
17. Street trees shall be located:
a) A minimum of seven (7) feet from any sewer line.
b) In areas that do not conflict with public utilities.
c) Outside of sight distance areas.
d) A minimum of three (3) feet outside the public right of way, unless approved otherwise by the
City as noted below.
18. Please sign the statement.
19. Please provide a detail of all walls and fences proposed for the project indicating materials, finishes
and heights.
20. Please indicate the proposed water use for all areas. Provide a colored or hatched plan clearly
showing where recycled water, graywater and potable water are proposed to be used for irrigation.
Irrigation systems for all projects, except for service to a single-family residence or front yard
irrigation on individually metered condos, shall be designed to use non-potable, treated recycled
water, unless an exemption is approved by the City Utilities Department. There must be a physical
separation (wall, concrete mow curb, etc.) between potable and recycled water uses.
21. Please provide a written description of water conservation features including addressing xeriscape
principles (see Appendix A) within the project.
22. Please provide complete calculations showing how the MAWA and ETWU totals were achieved
using the following formulas:
MAWA = (ETo)(0.62)[(0.7 x LA)+ (0.3 x SLA)]
23. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any
vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable
surfaces are designed and constructed to cause water to drain entirely into a landscaped area.
Please address.
24. Please add the following notes to the plans and show how these requirements are met:
Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with
one or more of the following planting standards:
a. Standard 1-Cover Crop/Reinforced Straw Matting:
Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses,
clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application.
The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within
thirty (30) days.
CT 13-01/PUD 13-03-BUE,VISTA 11
April15, 2013
Page 8
Type of reinforced straw matting shall be as approved by the city and staked to the slope as
recommended by the manufacturer.
Reinforced straw matting shall be required when planting occurs between August 15 and April
15. The cover crop and/or reinforced straw mat shall be used the remainder of the year.
b. Standard #2-Ground Cover
One hundred (100%) percent of the area shall be planted with a ground cover known to have
excellent soil binding characteristics (planted from a minimum size of flatted material and
spaced to provide full coverage within one year).
c. Standard #3-low Shrubs
low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a
minimum of seventy (70%) percent of the slope face (at mature size).
d. Standard #4-Trees and/or large Shrubs
Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a
minimum rate of one (1) per two hundred (200) square feet.
Slopes-6:1 or steeper and:
a. 3' or less in vertical height and are adjacent to public walks or streets require a minimum
Standard #1.
b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in
lieu of a cover crop), #2 and #3.
c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be
installed in lieu of a cover crop), #2, #3, and #4.
Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when
they have one or more of the following conditions:
a. Sheet graded pads not scheduled for improvements within 6 months of completion of
rough grading.
b. A potential erosion problem as determined by the City.
c. Identified by the City as highly visible areas to the public or have special conditions that
warrant immediate treatment.
25. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored
water use plan) on the next submittal.
Fire Comments:
Please contact the Fire Department directly for project issues.
.,. .~