HomeMy WebLinkAboutCT 15-11; YADA FAMILY SUBDIVISION; Preliminary Review (PRE)City of LAND USE REVIEW Development Services
Planning Division
Carlsbad APPLICATION 1635 Faraday Avenue
P-I (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
El Coastal Development Permit (*)0 Minor ID General Plan Amendment
Conditional Use Permit (*)
Ei Minor El Extension Local Coastal Program Amendment (*)
Day Care (Large)11 Master Plan 1=1 Amendment
gs Environmental Impact Assessment Specific Plan Amendment
11 Habitat Management Permit ci Minor ID Zone Change (*)
CI Hillside Development Permit (*)ID Minor 0 Zone Code Amendment
CI Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits
El Planned Development Permit ID Minor ID Review Permit
Residential c]Non-Residential ID Administrative 1=1 Minor D Major
D Planning Commission Determination
1:1 Site Development Plan 0 Minor Village Review Area Permits
ci Special Use Permit ID Review Permit
0 Administrative 0 Minor 0 Major
CI Tentative Parcel Map (Minor Subdivision)
El Tentative Tract Map (Major Subdivision)C:1-1.5--1/
1:1 Variance 0 Minor (*) =eligible for 25% discount
NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).:156 -220 -01
PROJECT NAME:Yada Tentative Map
BRIEF DESCRIPTION OF PROJECT:Twelve (12)lot subdivision with a remainder parcel in
support of an exsiting single family home
BRIEF LEGAL DESCRIPTION:PTN Lot 30,Patterson's addition to the town of Carlsbad
in the City of Carlsbad,County of San Diego,State of California,according
to Map 565.
LOCATION OF PROJECT:1835 Buena Vista Way,Carlsbad,CA
STREET ADDRESS
ON THE:East SIDE OF Valley Street
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
McCauley Buena Vista Way
BETWEEN AND
(NAME OF STREET)(NAME OF STREET)
P-1 Page 1 of 6 Revised 12/13
OWNER NAME
(Print):Yada Family Trust APPLICANT NAME (Print):Jim Yada
MAILING ADDRESS:1835 Buena Vista Way MAILING ADDRESS:31 Rolling Green
CITY, STATE, ZIP:Carlsbad,CA CITY, STATE, ZIP:Irvine.CA 92620
TELEPHONE N/A TELEPHONE:949 -892 -0125
EMAIL ADDRESS:N/A EMAIL ADDRESS:jyada@par con)
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION.
t0
SIGNATURE (ntt 12.11::›1
-
DA E SIGNA DATE(ZZ -7-12-5 2-/24
APPLICANTS REPRESENTATIVE (Print):Rod bradley/BHA,Inc.
MAILING ADDRESS:5115 Avenida Encinas,Suite L,Carlsbad,CA 92008
CITY, STATE, ZIP:Carlsbad,CA 92008
TELEPHONE:760 -931 -8700 X225
EMAIL ADDRESS:rbradley@bhaincsd.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ABOVE
INFORMATION IS TRUE AND • -•THE BEST OF MY
KNOWLEDGE.
1461g1:15311117 DATE
IN '41111770CESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
PROPER OW R RE
FOR CITY USE ONLY
RECEIVEDT05N15
pri40-60-reoftteatarioN RECEIVEDCiT
ki&WG DIVISIONBy:
P-1 Page 2 of 6 Revised 04/15
Development Services(City of DISCLOSURE STATEMENT Planning Division
Carlsbad P-1(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal.Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, Joint venture, association, social dub, 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 previded below.
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE.LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 10%of the
shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE
INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
corporation,include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
Person Jim Yada Corp/Part
Title Trustee Title
Address 1835 Buena Vista Way Address
Carlsbad,CA 92008
2.OWNER (Not the owner's agent)
Provide the COMPLETE.LEGAL names and addresses of ALL persons having any
ownership interest in the property involved.Also,provide the nature of the legal
ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the
ownership includes a corporation or partnership, include the names, 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.)
Ram(Yada Family Trust Corp/Part .//
"Nttec Title
Address 1835 Buena Vista Way Address /z
Carlsbad.CA 92008 7
P-1(A)Page 1 of 2 Revised 07/10
Co)(21)
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 peT)fi 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?
ElYes 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 best of my knowledge.
Signature •e Signature •.•ica da
JAVIAE5 K -("Ado..4-JAM —?AA'
Print or type name of owner Print or type name of applicant
Sig .r""IfiCent's -•ent if applicable/date
•a•cvle atPrint or type name of owner/appf nt's agent
P-1(A)Page 2 of 2 Revised 07/10
•PROJECT DESCRIPTION Development Services
‘.._City of Planning Division
Carlsbad P-1 (B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:Yada Tentative Map
APPLICANT NAME:Jim Yada
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:
The property address is 1835 Buena Vista Way and is fronted on the northerly side by Buena
Vista Way and on the southerly side by McCauley Lane and on the westerly side by Valley
Street in the City of Carlsbad. The subject property is 4.57 acres in size and has a topographic
gradient of approximately ,8% sloping from east to west. Currently, the property is vacant but
was previously farmed, and covered 100 percent of the property with the exception of a single
family residence located at 1835 Buena Visa Way.This residence is currently proposed to
remain on the property and labeled as not a part.The lot layout accommodates the existing
residence with current setbacks as defined by the zoning ordinance.The owner is proposing
a twelve (12) lot residential subdivision with two (2) open space lots along Valley to be used
as filtration basins.The residential lots range in size from 9,500 SF to 15,720 SF.The
proposed density is 2.63 DU's/AC, while the existing General Plan allows 4.0 DU's/AC. The
Zoning Designation for the property is R-1, 9,500 (Single Family, 9,500 SF min.) and the
General Plan Designation is RLM (Low Medium Density). The proposed grading for the site
is 5,890 CY of cut and 5,890 CY of fill.The remedial grading is 38,900 CY and is required to
mitigate the presences of the contaminated soils per the recommendations of a Phase I
Environmental Site Assessment and Limited Phase II Soil Evaluation prepared by GSI and is
shown on Sheet 4 of the Tentative Map which delineates the remedial grading.
Surrounding land use is comprised of single family residential to the north, west and south and
a single family home/palm nursery to the east.
The project meets all zoning and General Plan Requirements.
•
P-1(B)Page 1 of 1 Revised 07/10
-r.
Cu)
HAZARDOUS WASTE Development Services
pity of AND SUBSTANCES Planning Division
Carlsbad STATEMENT 1635 Faraday Avenue
(760) 602-4610P-1(C)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.
The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name:Jim Yada Name:Yada Family Trust
Address:31 Rolling Green Address:1835 Buena Vist Way
Irvine,CA 92620 Carlsbad.CA 92008
Phone Number:949 -892 -0125 Phone Number:
Address of Site:1835 Buena vista Way
Local Agency (City and County):City of Carlsbad
Assessors book, page, and parcel number:156 -220 -01
Specify list(s):County of San Diego
Regulatory Identification Number:199577
Date of List:Updated quarterly
Agat 42AFAI411PA
Applicant‘Mir re/1 Prope er •ure/Date
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 of 2 Revised 02/13
cs)
EIA INFORMATION
CC*
Development Services
Ity of FORM Planning Division
Carlsbad P-1(D)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative
Declaration,Negative Declaration or Exemption)will be required to be prepared for your
application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's
Municipal Code.The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are
necessary to substantiate a "no impact"or "yes impact"determination should be
submitted as an attachment to this Environmental Information Form.This is especially
important when a Negative Declaration is being sought.The more information provided in this
form,the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form —Initial Study.
P-1(D)Page 1 of 4 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:10151 20i (To be completed by City)
Application Number(s):(!XlS-U
General information
1.Name of project:-.Y.ada--T-etar-e-t--i-w.e_tdap c:A„A..k1t T--„r...v1 jst.).A
2.Name of developer or project sponsor:Jim Yada
Address:1835 Buena Vista Way
City, State, Zip Code:Carlsbad,CA 92008
Phone Number:949 -892 -0125
3.Name of person to be contacted concerning this project:Rod Bradley/BHA,Inc.
5115 Avenida Encinas,Suite LAddress:
City, State, Zip Code:Carlsbad,Ca 92008
Phone Number:760 -931 -8700
4.Address of Project:1835 Buena Vista Way,Carlsbad,CA 92008
Assessor's Parcel Number:156 -220 -01
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,Final Map,Grading Permit,Stormwater
6.Existing General Plan Land Use Designation:RLM
7.Existing zoning district:R-1 9,500 SF
8.Existing land use(s):Single Family Home/Vacant
9.Proposed use of site (Project for which this form is filed):A 12 Residential
Lot Subdivision
Project Description
10.Site size:4 . 57 AC
11.Proposed Building square footage:Unknown
12:Number of floors of construction:two
13.Amount of off-street parking provided:2 car garage (min.)
14.Associated projects:none
P-1(D)Page 2 of 4 Revised 07/10
-.11 OM NM
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15.If residential, include the number of units and schedule of unit sizes:There are
twelve (12)single family lots proposed.The unit sizes
are unknown at this time.
16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17.If industrial, indicate type, estimated employment per shift, and loading facilities:
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/A
19.If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
N/A
P-1 (D)Page 3 of 4 Revised 07/10
ilAIMMONIMO •.•...-
A
Cd.
(4.4
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 El El
alteration of ground contours.
21.Change in scenic views or vistas from existing residential areas or public lands or 2 0
roads.
22.Change in pattern, scale or character of general area of project.0 Ea
23.Significant amounts of solid waste or litter.0 El
24.Change in dust, ash, smoke, fumes or odors in vicinity.0 III
25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 0 El
alteration of existing drainage patterns.
26.Substantial change in existing noise or vibration levels in the vicinity.0 El
27.Site on filled land or on slope of 10 percent or more.El 0
28.Use of disposal of potentially hazardous materials,such as toxic substances,0 rn
flammables or explosives.
29.Substantial change in demand for municipal services (police, fire, water, sewage,0 El
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).0 El
31.Relationship to a larger project or series of projects.0 El
Environmental Setting
Attach sheets that include a response to the following questions:
32.Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing
structures on the site, and the use of the structures.Attach photographs of the site.Snapshots
or Polaroid photos will be accepted.
33.Describe the surrounding properties,including information on plants and animals and any
cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date:/0 —I
—8—Signature:
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P-1(D)Page 4 of 4 Revised 07/10
ENVIRONMENTAL SETTING
32.The subject property is 4.5 acres in size and has been farmed over the past twenty years.
The property is gently sloping at an 8% grade from east to west.The property is
currently vacant with remnants of old green houses on site.A newer single family home
exists on the most north/easterly corner of the property, and will remain.
33.Buena Vista Way, Valley Street and McCauley Street border the property on the north,
west and south sides. Existing single family subdivisions surround the property and are
served by Buena Vista Way, Valley Street and McCauley Street.
This property to the east is currently processing a Tentative Subdivision Map through
the City of Carlsbad (APN 156-220-02) and has an existing single family home and
green houses.
;
Buena Vista Way —Street View —East
Buena Vista Way —Property View —South
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Valley Street —Street View —South
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TIME LIMITS ON
City of DISCRETIONARY
Development Services
Planning Division
Carlsbad PROJECTS 1635 Faraday Avenue
(760) 602-4610
P-1(E)www.ca rl sba dca.gov
PLEASE NOTE:
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 (760) 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
STORM WATER Development Services(Cit of STANDARDSy Land Development Engineering
QUESTIONNAIRE 1635 Faraday Avenue
[
-
Carlsbad E-34 760-602-2750
www.ca rlsbadca .gov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the City requires that new development and
significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's)into the project
design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2).
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,
discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that
must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to
'Standard Stormwater Requirements'or be subject to additional criteria called 'Priority Development Project Requirements'.Many
aspects of project site design are dependent upon the storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City staff has
responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire
was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return
of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions,please
seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission.Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently.
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits
for the project.
Please start by completing Step 1 and follow the instructions.When completed,sign the ban at the end and submit this with your
application to the city.
STEP 1 •.'•^4
TO.BE COMPLETED FOR ALL PROJECTS
To determine if your project is a priority development project, please answer the following questions:
YES NO
1.Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from X
paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in
accordance with USEPA Green Streets guidance?
2.Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accordance with the USEPA Green Streets guidance?X
If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects.Go to step 4, mark the last box stating "my
project does not meet PDP requirements" and complete applicant information.
If you answered "no" to both questions, then go to Step 2.
E-34 Page 1 of 3 Effective 6/27/13
r--
STORM WATER Development ServicesCatyofSTANDARDSLand Development Engineering
QUESTIONNAIRE
E-34
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
STEP 2
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a priority development project, please answer the following questions:YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site?This includes commercial,industrial,residential,mixed-use,and public
development projects on public or private land.X
2.Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire
project site on an existing site of 10,000 square feet or more of impervious surface?This includes commercial,X
industrial, residential, mixed-use, and public development projects on public or private land.
3.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a restaurant?A restaurant is a facility that sells prepared X
foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks for immediate consumption.
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a hillside development project?A hillside development X
project includes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a parking lot.A parking lot is a land area or facility for the X
temporary parking or storage of motor vehicles used personally for business or for commerce.
6.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a street, road, highway freeway or driveway?A street,X
road,highway,freeway or driveway is any paved impervious surface used for the transportation of
automobiles, trucks, motorcycles, and other vehicles.
7.Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site,and discharges directly to an Environmentally Sensitive X
Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less
from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the
project to the ESA (i.e. not commingles with flows from adjacent lands).*
8.Is your project a new development that supports an automotive repair shop?An automotive repair shop is a
facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013,X5014, 5541, 7532-7534, or 7536-7539.
9.Is your project a new development that supports a retail gasoline outlet (RGO)?This category includes RGO's
that meet the following criteria:(a)5,000 square feet or more or (b) a project Average Daily Traffic (AD7) of X100or more vehicles per day.
10.1s your project a new or redevelopment project that results in the disturbance of one or more acres of land and
are expected to generate pollutants post construction?X
11.1s your project located within 200 feet of the Pacific Ocean and (1)creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%?X
If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to
implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such
as source control and low impact development BMP's.A Storm Water Management Plan (SWMP) must be submitted with your
application(s) for development.Go to step 3 for redevelopment projects.For new projects, go to step 4 at the end of this
questionnaire, check the "my project meets PDP requirements" box and complete applicant Information.
If you answered "no"to all of the above questions,you ARE NOT a priority development project and are therefore subject to
implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects.A Storm Water Management Plan (SWMP) is not required with your application(s) for development.Go to step
4 at the end of this questionnaire, check the "my project does not meet PDP requirements"box and complete applicant
information.
E-34 Page 2 of 3 Effective 6/27/13
I STORM WATER
City of STANDARDS Development Services
Land Development Engineering
rls'Ipad QUESTIONNAIRE
E -34
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
STEP 3
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY
Complete the questions below regarding your redevelopment project:YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than X50% of the surface area of the previously existing development?
If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of
impervious surface and not the entire development.Go to step 4, check the "my project meets PDP requirements" box and
complete applicant information.
If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development.Go to step 4,
check the "my project meets PDP requirements" box and complete applicant information.
STEP44.7
'
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater
criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these requirements,I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
5115 Avenida Encinas, Suite LAddress:Accessor's Parcel Number(s):Carlsbad, CA 92008 156-220-01
Applicant Name:Rod Bradley Applicant Title:President, BHA Inc.
Applicant Signature:Date:10-01-15
This Box for City Use Only
City Concurrence:YES NO
By:
Date:
Project ID:
*Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas
designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources
Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their
quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of 3 Effective 6/27/13
Order No. 140-1632168-66crOrange Coast Title Companyir3536 Concours Drive, Suite 120
Ontario, CA 91764
909-987-5433
PRELIMINARY REPORT
BHA, INC
5115 Avenida Encinas
Carlsbad, CA 92008
Attention:Rod Bradley Your no.:Yada
Property address:1835 Buena Vista Way, Carlsbad, CA 92008 Order no.:140-1632168-66
Dated:January 30, 2015
In response to the above referenced application for a policy of title insurance, Orange Coast Title Company hereby reports that it is
prepared to issue, or cause to be issued,as ofthe date hereof, a Policy or Policies of Title Insurance describing the land and the estate
or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and
Stipulations ofsaid Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount ofInsurance 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 Exhibit B.
Copies ofthe policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B 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 the condition of title and may not list all
liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofa 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.
Dated as of January 23, 2015 at 7:30 AM
Helen Johnson, Title Officer
Ph: 909-987-5433
Email: helenj@octitle.com
The form of policy of title insurance contemplated by this report is:
Pane 1
Order No. 140-1632168-66
Schedule "A"
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee.
Title to said estate or interest at the date hereofis vested in:
Henry Yada and Itsuko Yada, Trustees ofthe Yada Family Trust dated March 12,1990, subject to Paragraph Nos. 9 and 10,of
Schedule B.
The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows:
That portion ofLot 30 ofPatterson's Addition to the Town of Carlsbad, in the City ofCarlsbad, County ofSan Diego, State of
California, according to Map thereof No. 565, filed in the Office ofthe County recorder ofSan Diego County, September 22, 1888,
and of Section 31, Township 11 South, Range 4, West, San Bernardino Meridian, in the County of San Diego, State ofCalifornia,
according to United States Government Survey,as described as follows:
Beginning at a point in the center line of Valley Street, distant thereon North 34° 33' 00" West 528.52 feet from the intersection of
said center line ofValley Street with the center line ofOak Avenue; thence North 34° 33' 00" West along said center line ofValley
Street 657.07 feet to intersection with the Southerly line ofsaid Section 31; thence along said Southerly line North 89° 07' 00" West,
47.31 feet to the most Westerly corner ofthe tract ofthe land conveyed by Roswell H. Wilson to South Coast Land Company by
Deed dated November 1,1923 and recorded in Book 976, Page 435 ofDeeds, records of San Diego County; thence North 54°13'30"
East along the Northwesterly line ofthe land so conveyed to said South Coast Land Company, 759.75 feet to the most Northerly
corner thereof; thence South 35° 29' 00" East along the Northeasterly line ofthe land so conveyed to said South Coast Land
Company, 563.12 feet to the said Southerly line of Section 31; thence South 89° 07' 00" East along said Southerly line 176.33 feet to
intersection with the center line ofCannon Street; thence South 19° 26' 00" East along said center line, 36.81 feet, more or less, to
intersection with a line drawn parallel with the said center line of Oak Avenue through the point ofbeginning; thence South 55° 27'
00" West along said parallel line, 864.32 feet to the point of beginning.
Excepting therefrom the Northeasterly 300.00 feet.
Also excepting therefrom the Southeasterly 223.03 feet.
Assessor's Parcel Numbers(s):156-220-01
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Order No. 140-1632168-66
Schedule "B"
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form
would be as follows:
1 General and Special taxes for the fiscal year 2015-2016,including any assessments collected with taxes.A lien not yet
payable.
First installment due and payable November 1,2015, delinquent ifnot paid by 12/10/15
Second installment due and payable February 1,2016, delinquent ifnot paid by 4/10/16
2 Second installment General and Special taxes for the fiscal year 2014-2015, including any assessments collected with taxes.
1st installment $3,096.67 paid
2nd installment $3,096.67 open (due 2/1)
Penalty $319.67 (delinquent after 4/10)
Code area 09000
Parcel No.156-220-01-00
Exemption $7,000.00
3 The Lien of future supplemental taxes,if any, assessed pursuant to the provisions of section 75, et seq of the revenue and
taxation code ofthe state of California
4 Rights ofthe public in and to any portion ofsaid land lying within any lawfully established streets, roads or highways.
5 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded:7/13/1954, in Book 5297,Page 449,Official Records
For:Pipe line and incidental purposes
In favor of:Travis Flippen and Lorraine L. Flippen, husband and wife
Affects:more particularly described in the above mentioned.
NOTE:Reference is made to said document for full particulars.
6 An instrument, upon the terms and conditions contained therein -Pc -\‘-
tT
Entitled:Contract for Future Public Improvements
Executed by:City ofCarlsbad
Amount:$259,861.00, together with penalties and costs,if any
Recorded:4/2/1990 as Instrument No 90-175086,Official Records.
For additional information please contact:
City ofCarlsbad
1200 Elm Avenue
Carlsbad, CA 92008
7 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded:6/4/1990.as Instrument No. 90-301340, Official Records
For:Roadway and incidental purposes
In favor of:City ofCarlsbad,a municipal corporation
Affects:more particularly described in the above mentioned.
NOTE:Reference is made to said document for full particulars.
8 The requirement that we be furnished a copy of the Yada Family Trust dated March 12,1990 and any amendments
thereto.A certification of said trust is acceptable if made pursuant to probate code section 18100.5 and qualified as a trust
under section 82 ofprobate code.
9 The requirement that we be furnished a copy of the Yada Family Disclaimer Trust U/T/D March 12,1990 and any
amendments thereto.A certification of said trust is acceptable if made pursuant to probate code section 18100.5 and
qualified as a trust under section 82 ofprobate code.
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Order No. 140-1632168-66
10 The effect of an Affidavit of Successor Trustee recorded 2/15/2008,as Instrument No.2008-0081266, Official Records,
which purports to establish the death ofHenry Yada.
11 The effect ofa conveyance ofsaid land
From:Itsuko Yada and James K. Yada,as Successor Co-Trustees of The Yada Family Trust dated
March 12,1990
To:Itsuko Yada and James K. Yada,as Co-Trustees of The Yada Family Disclaimer Trust U/T/D
March 12,1990, an undivided 45.7% interest
Recorded:2/21/2008 ,as Instrument No. 2008-008861 3 ,Official Records.
Prior to close of this transaction we will require evidence of the validity of the above conveyance.The documentation
appropriate to establish the validity of said conveyance will vary according to circumstances.Therefore this office must be
contacted to determine what documentation will be acceptable to this company.
12 "NOTE:Please be advised that our search did not disclose any open Deeds ofTrust ofrecord.If you should have knowledge
ofany outstanding obligation, please contact your title officer immediately for further review".
13 Rights of parties in possession of said land by reason of unrecorded leases,if any.Please forward said leases for our
examination.
End of Schedule B
Page 4
Order No. 140-1632168-66
"NOTES AND REQUIREMENTS SECTION"
Note No.1
California Revenue and Taxation Code Section 18662,effective January 1,1994 and by amendment effective January 1,2003,
provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3%of the total sales price as
California State Income Tax, subject to the provisions ofthe law as therein contained.
NOTE NO.2 PAYOFF INFORMATION:
Note: this company does require current beneficiary demands prior to closing.If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:
A.If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
The amount ofthis hold will be over and above the verbal hold the lender may have stipulated.
B.Ifthis company cannot obtain a verbal update on the demand,will either pay offthe expired demand or wait for the amended
demand, at the discretion ofthe escrow.
C.In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of
the servicing agreement prior to close.
Note No. 3
Ifthis company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods
for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks
require a hold period from three to seven business days after the day deposited.
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et.Seq.Regulates the disbursement of escrow and sub-escrow funds by title companies.
The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit.If funds are
deposited with by other methods, recording or disbursement may be delayed.All escrow and sub-escrow funds received by the
Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial
institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance ofsuch accounts with the financial institution, and the
Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit
received by the Company and/or its parent Company.Those benefits may include,without limitation,credits allowed by such
financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such
loans, accounting, reporting and other services and products of such financial institution.Such benefits shall be deemed additional
compensation ofthe Company for its services in connection with the escrow or sub-escrow.If funds are to be deposited with Orange
Coast Title Company by wire transfer, they should be wired to the following bank/account:
Wiring Instructions for This Office:
Citizens Business Bank
301 Vanderbilt Way
San Bernardino, CA 92408
245 122675
ABA 122234149
Account name:Orange Coast Title Builder Services
Reference Title Order No.140-1632168-66
and Helen Johnson, Title Officer
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Order No. 140-1632168-66
Attention
Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper.There are no
markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed.That
legal description page immediately follows this page.
Thank you for your support of Orange Coast Title Company. We hope that this makes your job a little easier.
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Order No. 140-1632168-66
Exhibit "A"
That portion of Lot 30 ofPatterson's Addition to the Town ofCarlsbad, in the City of Carlsbad, County ofSan Diego, State of
California, according to Map thereof No. 565, filed in the Office ofthe County recorder of San Diego County, September 22, 1888,
and of Section 31, Township 11 South, Range 4, West, San Bernardino Meridian, in the County of San Diego, State of California,
according to United States Government Survey,as described as follows:
Beginning at a point in the center line ofValley Street, distant thereon North 34° 33' 00" West 528.52 feet from the intersection of
said center line ofValley Street with the center line ofOak Avenue; thence North 34° 33' 00" West along said center line of Valley
Street 657.07 feet to intersection with the Southerly line ofsaid Section 31; thence along said Southerly line North 89° 07' 00" West,
47.31 feet to the most Westerly corner ofthe tract ofthe land conveyed by Roswell H. Wilson to South Coast Land Company by
Deed dated November 1,1923 and recorded in Book 976, Page 435 ofDeeds, records of San Diego County; thence North 54°13'30"
East along the Northwesterly line ofthe land so conveyed to said South Coast Land Company, 759.75 feet to the most Northerly
corner thereof; thence South 35° 29' 00" East along the Northeasterly line ofthe land so conveyed to said South Coast Land
Company, 563.12 feet to the said Southerly line of Section 31; thence South 89° 07' 00" East along said Southerly line 176.33 feet to
intersection with the center line of Cannon Street; thence South 19° 26' 00" East along said center line, 36.81 feet, more or less, to
intersection with a line drawn parallel with the said center line ofOak Avenue through the point ofbeginning; thence South 55° 27'
00" West along said parallel line, 864.32 feet to the point of beginning.
Excepting therefrom the Northeasterly 300.00 feet.
Also excepting therefrom the Southeasterly 223.03 feet.
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Order No. 140-1632168-66
CLTA Preliminary Report Form -Exhibit B (06-03-11)
CLTA STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverageofthis policy and the Companywillnot pay lossor damage, costs. attorneys' fees or expenses which arise by reasonof
1.(a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy,use,or enjoymentofthe
land;(ii)the character, dimensions or location ofany improvement now or hereafter erected on the land;(iii)a separation m ownership or a change in the dimensions or area ofthe land or any parcel ofwhich the land is or
was a part; or (iv) environmental protection, or the effectofany violation ofthese laws, ordinancesor governmental regulations, except to the extent that a notice ofthe enforcement thereof or a notice ofa defect, lien, or
encumbrance resulting from a violation or alleged violation affecting the landhas been recorded in the public records at DateofPolicy. (b) Any governmental police power not excluded by (a) above, except to the extent that
a noticeofthe exercise thereof or notice ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the landhas been recorded in the public records at DateofPolicy.
2.Rightsofeminent domain unless noticeofthe exercise thereof has been recorded in the public records at DateofPolicy, but not excluding from coverage any taking whichhasoccurred prior to DateofPolicy which would
be binding on the rightsofa purchaser for value without knowledge.
3.Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at DateofPolicy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the
Company, not recorded in the public records at Date ofPolicy, 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 becamean insured
under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to DateofPolicy; or (e) resulting in loss or damage which would not have been sustained ifthe insured claimant
had_paid value for the Mame mortgage or for the estate or interest insured by this policy.
4.Unenforceabilityofthe lienofthe insured mortgage because ofthe inability or failureofthe insured at DateofPolicy, or the inability or failureofany subsequent owner ofthe indebtedness, to comply with the applicable
doing business lawsofthe state in which the land is situated.
5.Invalidity or unenforce.abilityofthe lienofthe insured mortgage, or claim thereof, which arises outofthe transaction evidenced by the insured mortgage and is based upon usuryor any consumer credit protection or truth
in lending law.
6.Any claim, which arises outofthe transaction vesting in the insured the estate ofinterest insured by this policy or the transaction creating the interestofthe insured lender, by reasonofthe operationoffederal bankruptcy,
state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
I. Taxes or assessments which are not shown as existing liens by the recordsofany 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 ofsuch proceedings, whether or not shown by the records ofsuchagency 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 inspectionofthe land or which may be asserted by persons in possession thereof
3. Easements, liensor encumbrances, or claims thereof, which are not shown by the public records.
4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c)are shown
by the public records.
6.Any lien or right to alien for services, labor or material not shown by the public records.
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02/03/10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violationofthose portionsofany law or government regulation concerning: &building,b.zoning, eland used. improvements on the Land, eland division; and,f
environmental protection.This Exclusion does not limit the coverage described in Covered Risk 8.a, 14,15,16, 18,19, 20, 23 or 27.
2.The failureofYour existing structures, or any partofthem, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14or 15.
3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:a.that are created, allowed, or agreed to by You, whether or not they recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the
Policy Date;c.that result in no loss to You; or d that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26, 27, or 28.
5.Failure to pay value for Your Title.
6.Lackofa right:a.to any land outside the area specifically described and referred to in paragraph 3 ofSchedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does notlimitthe
coverage described in Covered Risk 11 or 21.
7.The transferofthe Title to You isinvalidas a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy. state insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following CoverecTRisks is limited on the Owner's Coverage Statement astollows:
• For Covered Risk 16, 18,19, and 21 Your Deductible Amount and Our Maximum Dollar LimitofLiabilityshown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Our Maximum Dollar Limit of Liability
Covered Risk 16:1 % of Policy Amount shown in Scheduk A orS 2,500 (whichever is less)S 10,1810
Covered Risk 18:1 % of Pokey Amount shown In Schedule A orS 5,000 (whichever is less)S 25,000
Covered Risk 19:1 % of Policy Amount shown In ScheduleA orS 5,000 (whichever is less)S 25,000
Covered Risk 21:1 % of PolicyAmulet shown In Schedule AorS 2,500 (whichever is less)S 5,000
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, cons, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation ofany 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 enforcementofthese nutters which appear in the public records at Policy Date.This exclusion does not limit the zoning
coverage described in Items 12 and 13 ofCovered Title Risks.
2.The right to take the land by condemning it, imless: •a notice ofexercising the right appears in the public records •on the Policy Date •the taking happened prior to the Policy Date and is binding on you ifyou bought the
land without knowingofthe taking
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 first affect your title after
the Policy Date -this does not limit the labor and material lien coverage in Item 8 ofCovered Title Risks
4. Failure to pay value for your title.
5.Lackofa right: No any land outside the area specifically described and referred to in Item3 ofScheduleA OR "instreets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in
Item 5 ofCovered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage ofthis policy, and the Companywill not pay loss or damage, costs, attorneys' fees or expenses which arise by reasonof
1.(a) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy,use,or enjoyment ofthe land;(ii)the character,
dimensions or location ofany improvement erected on the Lend;(iii)the subdivision ofland; or (iv) environmental protection; or the effect ofany violationofthese laws, ordinances or governmental regulations.This
Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
2.Rights ofeminent 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 DateofPolicy,
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 becamean Insured under this policy; (c) resulting in no loss or damage to
the Insured Claimant; (d) attaching or created subsequent to DateofPolicy (however, this does not modify or limit the coverage provided under Covered Risk I I,13 or 14);or(e) resulting in loss or damage that would not
have been sustainedifthe Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability ofthe lien ofthe Insured Mortgage because ofthe inability or failureofan Insured to comply with applicable doing-business lawsofthe state in which the Land is situated.
5.Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises out ofthe 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 reasonofthe operationoffederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lienofthe 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)ofthis policy.
7.Any lien on the Title forreal estate taxesor assessments imposed by governmental authority and created or attaching between DateofPolicy and the date ofrecordingofthe Insured Mortgage in the Public Records.This
Exclusion does not modify or limit the coverage provided under Covered Risk 11(b):
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 orassessments that are not shown as existing liens by the recordsofany taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings byapublic agency that may
result in taxes or assessments, or noticesofsuch proceedings, whether or not shown by the recordsofsuch agency or by the Public Records.
2.Any facts, rights, interests or claims which are not shown by the Public Records but that could be ascertained by an inspection ofthe Land or that may be asserted by persons in possession ofthe Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land surveyofthe Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, attorneys fees, or expenses that arise by reasonof
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Order No. 140-1632168-66
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to: (i) the occupancy, use, or enjoymentofthe Land;(ii)
the character, dimensions, or locationofany improvement erected on the Land;(iii)the subdivisionofland; or(IV)environmental protection; or the effect ofany violation ofthese laws, ordinances, or governmental
regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk 6.
2.Rights ofeminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, hens, 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 Dateof
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 DateofPolicy (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 ifthe Insured Claimant had paid value for the Title.
4.My claim, by reason ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a)a fraudulent conveyance or fraudulent
transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9ofthis policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the dateofrecordingofthe deedor other instrumentoftransfer 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 policywill 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 reasonof
I. (a) Taxes or assessments that are not shown as existing liens by the recordsofany 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 noticesofsuch proceedings, whether or not shown by the recordsofsuch agencyor by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained byan inspection ofthe Land or that may be asserted by persons in possessionofthe Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Titlethat wouldbe disclosed by an accurate and complete land survey ofthe Land and that 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 toa lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverageofthis policy and the Companywill not pay loss or damage, costs, attorneys feesor expenseswhich arise by reasonof
I. (a) Any law, ordinance, permit, or governmental regulation (including but not limited to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoymentofthe Land;(ii)the
character, dimensionsor location ofany improvement erected on the Land;(iii)the subdivision ofthe land; or (iv) environmental protection, or the effectofany violationofthese laws, ordinances or governmental regulations
This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risks 5, 6, 13(c), 13(d),14, and 16.(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided
under Covered Risks 5, 6, 13(c), I3(b),14, and 16.
2.Rightsofeminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, hens, 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 Dateof
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 Claimint:(d) attaching or created subsequent to DateofPolicy (however, this does not modify or limit the coverage provided under Covered Risks 11,16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 26);
or (e)resulting in loss or damage which would not have been sustainedifthe Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceabilityofthe hen ofthe Insured Mortgage becauseofthe inability or failureofthe Insured to comply with applicable doing-business laws ofthe state in which the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lienofthe Insured Mortgage that arises outofthe 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 claimofinvalidity, unenforceability or lack ofpriorityofthe lienofthe Insured Mortgageasto Advances or modifications made after the Insured has Knowledge that the vestsshown in Schedule A is no
longer the ownerofthe estate or interest covered by this policy. This Exclusion does not modify orlimit the coverage provided in Covered Risk I I.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to DateofPolicy in accordance with applicable building codes.This Exclusiondoes not
modify or limit the coverage provided in Covered Risk 5 or 6..
8.The failure ofthe residential structure, or any portionofit, to have been constructed before, on or after DateofPolicy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage
provided in Covered Risk 5or6.
9.Any claim, by reasonofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lienofthe Insured Mortgage, is (a)afraudulent conveyance or fraudulent
transfer, or (b)apreferential transfer for any reason not stated in Covered Risk 27(b)ofthis policy.
Page 9
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MAP 565 -PATTERSON'S A00THIS MAP SHOULD BE USED FOR REFS ENCE PoRPOSES ONLY. NO IAB LITT1IMPH• to. Asstesksmiosis 0111.1 Cr('11 '.l'11C-IIIIW .nria *c a toIS ASSUMED FOR THE ACCURACY OF THE ATA SHOWN. PARCELS PAAYNOT COMPLYL..;1/4:111110'CONY.00.004 PO•if 11.Pi 12 .WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
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a.D674 2008-0088613,.
11111111 11111111111111 111111111111111111111111111 11111111111111 1111RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:FEB 21, 2008 11:40 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICECiREGORYJSMITH, COUNTY RECORDERItsuko Yada and James K.Yada FEES.13.001835 Buena Vista Way OC OC
Carlsbad, CA 92008 PAGES:2473`
111110111111111111111111111111111111111111111111111111111111
"gf‘
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX $0.00
Computed on the consideration or value of property conveyed: OR
SAME AS ABOVE Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
..X..Deed to or by a trustee not pursuant to a sale
/lac tulwa e
W
/COA-
APN:156-220-01-00 Signature of Declarant or Agent determining tax Firm Name
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ITSUKO YADA and JAMES K. YADA,
as Successor Co-Trustees of THE YADA FAMILY TRUST DATED MARCH 12, 1990
•
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to:
ITSUKO YADA and JAMES K. YADA, as Co-Trustees of THE YADA FAMILY DISCLAIMER TRUST
UTT/D MARCH 12, 1990
an undivided 45.7%interest in and to the real property located in the City of Carlsbad,County of San Diego,State of
California, described as:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
Dated: February 19, 2008
ITS KO YADA
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )ss
JAMES K.Y
On February 19.2008, before me, Michael P. McCarthy, a Notary Public,In and for
said County and State personally appeared ITSUKO YADA and JAMES K. YADA who proved to me on the
basis of satisfactory evidence to be the person whose names are subscribed to the within instrument and MICHAEL P. MCCARTHYacknowledged to me that they executed the same in their authorized capacities and that by their signatures COMM 11521906on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument.0 F
•z-
,Notary Public •California (3z;I certify under PENALTY OF PERJURY under the laws of the State of California that ...4 San Diego County
Comm. Ex .ites Oct. 24. 2008the foregoing paragraph Is true and correct
WITNESS hand and official sea1.02 •
74-4.42.4)rlAceot.a-
Signature (This area for official notarial seal)
MICHAEL P. MCCARTHY, Notary Public
MAIL TAX STATEMENTS AS DIRECTED ABOVE
/41.14°
•,Cia)•.
•
4738
EXHIBIT "A"
LEGAL DESCRIPTION
APN #:156-220-01
Property Address:1835 Buena Vista Way, Carlsbad, San Diego County, CA
That portion of Lot 30 of Patterson's Addition to the Town of Carlsbad, in the City
of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 565, filed in the Office of the County Recorder of San Diego County,
September 22, 1888, and of Section 31, Township 11 South, Range 4 West, San
Bernardino Meridian, in the County of San Diego, State of California, according
to United States Government Survey, described as follows:
Beginning at a point in the center line of Valley Street, distant thereon North
34°33'00" West 528.52 feet from the intersection of said center line of Valley
Street with the center line of Oak Avenue; thence North 34°33'00" West along
said center line of Valley Street 657.07 feet to intersection with the Southerly line
of said Section 31; thence along said Southerly line North 89°07'00" West,
47.31 feet to the most Westerly corner of the tract of the land conveyed by
Roswell H. Wilson to South Coast Land Company by Deed dated November 1,
1923 and recorded in Book 976, page 435 of Deeds, Records of San Diego
County; thence North 54°13'30" East along the Northwesterly line of the land so
conveyed to said South Coast Land Company, 759.75 feet to the most Northerly
corner thereof;thence South 35°29'00" East along the Northeasterly line of the
land so conveyed to said South Coast Land Company, 563.12 feet to the said
Southerly line of Section 31; thence South 89°07'00" East along said Southerly
line 176.33 feet to intersection with the center line of Cannon Street; thence
South 19°26'00" East along said center line, 36.81 feet, more or less, to
intersection with a line drawn parallel with the said center line of Oak Avenue
through the Point of Beginning; thence South 55°27'00" West along said parallel
line, 864.32 feet to the Point of Beginning.
EXCEPTING therefrom the Northeasterly 300.00 feet.
ALSO EXCEPTING therefrom the Southeasterly 223.03 feet.
MMINIMMON
City of Carlsbad '
Faraday Center
Faraday Cashiering 001
1527801 -2 10/05/2015 149
Mon,Oct 05,2015 10:59 AM
Receipt Ref Nbr:R1527801 -2/0019
PERMITS -PERMITS
Tran Ref Nbr:152780102 0019 0024
Trans/Rcpt#:R0112060
SET #:CT150011
Amount:1 @ $9,808.82
Item Subtotal:$9,808.82
Item Total:$9,808.82
1 ITEM(S)TOTAL:$9,808.82
Check (Chk#0125)$9,808.82
Total Received:$9,808.82
Have a nice day!
**************CUSTOMER COPY*************
.0.44s
'woo
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
11111010110111111111101111111111111111111111111110
Applicant:BHA,INC
Description Amount
CT150011 9,808.82
1835 BUENA VISTA WY CBAD
Not valid unless validated by Cash Register
PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS
Receipt Number:R0112060 Transaction ID:R0112060
Transaction Date:10/05/2015
Pay Type Method Description Amount
Payment Check 9,808.82
Transaction Amount:9,808.82
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1618001 -1 06/28/2016 32
Tue,Jun 28,2016 12:49 PM
Receipt Ref Nbr:R1618001 -1/0024
PERMITS -PERMITS
Tran Ref Nbr:161800101 0024 0025
Trans/Rcpt#:R0118442
SET #:CT150011
Amount:1 @ $1,760.00
Item Subtotal:$1,760.00
Item Total:$1,760.00
1 ITEM(S)TOTAL:$1,760.00
Check (Chk#0146)$1,728.00
Check (Chk#023491)$32.00 •
Total Received:$1,760.00
Have a nice day!
**************CUSTOMER COPY*************
60FFC
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
IHMICI1111111111
Applicant:BHA INC/BRADLEY ROD
Description Amount
CT150011 1,760.00
1835 BUENA VISTA WY CBAD
Receipt Number:R0118442 Transaction ID:R0118442
Transaction Date:06/28/2016
Pay Type Method Description Amount
Payment Check 1,760.00
Transaction Amount:1,760.00