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Home My WebLink AboutCT 16-04; HIGHLAND VIEW HOMES; Tentative Map (CT)("''city of Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits ~ Coastal Development Permit (*) D Minor D Conditional Use Permit (*) D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor [RI Hillside Development Permit (*) D Minor D Nonconforming Construction Permit ~ Planned Development Permit D Minor [RI Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) [29 Tentative Tract Map_ (Major Subdivision) D Variance D Minor LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov (FOR DEPT. USE ONLY) D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan D Specific Plan D Zone Change (*) D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (*) = eligible for 25% discount B 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).: 205-220-91, 93 , , PROJECT NAME: €-arlsbad euasfi:11 Views .itiai.t1al)of U''e.W~S BRIEF DESCRIPTION OF PROJECT: Subdividing two lots into nine lots with eight lots containing single family homes and one lot used as a common area BRIEF LEGAL DESCRIPTION: Parcels 2 and 3, Parcel Map No. 20948 LOCATION OF PROJECT: 3758 and 3794 Highland Drive, Carlsbad, CA 92008 ON THE: East BETWEEN ------------- P-1 (NORTH, SOUTH, EAST, WEST) Magnolia Avenue (NAME OF STREET) STREET ADDRESS SIDE OF Highland Drive AND (NAME OF STREET) Tamarack Avenue (NAME OF STREET) Page 1 of6 ... OWNER NAME (Print): Brian Sullivan for Carlsbad Coastal Views LLC MAILING ADDRESS: 3758 Highland Drive CITY, STATE, ZIP: TELEPHONE EMAIL ADDRESS: Carlsbad, CA 92008 760-402-5021 bsully59@hotmail.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HERE! IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS PPLI ION. APPLICANT NAME (Print): Brian Sullivan MAILING ADDRESS: 3758 Highland Drive CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760-402-5021 EMAIL ADDRESS: bsully59@hotmail.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ '~ -......-"'---'-.,._.'---£-_-I~ APPLICANTS REPRESENTATIVE (Print): Coastal Land Solutions, Inc MAILING ADDRESS: 577 Second Street CITY, STATE, ZIP: Encinitas, CA 92024 TELEPHONE: 760230-6025 X 202 EMAIL ADDRESS: Sean@coastal-land-solutions.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY 7il!tt (?k(µt-: "sJGNTURE (/ (Sean Englert) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE ND AND BIND Y SU ESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of6 MAY 2 0 2016 CITY <.J/ CARLSBAD PLAr-✓f\:hJ(_; DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 07/15 COASTAL LAND SOLUTIONS, INC. 577 Second Street Encinitas, CA 92024 Ph (760) 230-6025 Fax (760) 230-6026 LETTER OF TRANSMITTAL TO: CITY OF CARLSBAD DATE: MAY 19, 2016 RE: PRE 15-16 CARLSBAD COASTAL VIEW ATTN: PLANNING WE ARE SENDING TO YOU THE FOLLOWING ITEMS: COPIES DATE ORIGINALS DESCRIPTION 4/27/16 1 LAND USE REVIEW APPLICATION P-1 4/27/16 1 ENVIRONMENTAL INFORMATION FORM 4/27/16 2 STORM WATER STANDARDS QUESTIONAIRE 4/27/16 1 TIME LIMITS ON DISCRETIONARY PROJECTS 4/27/16 1 HAZARDOUS WASTE SUBSTANCES STATEMENT 5/14/16 2 SOILS REPORT 4/27/16 1 DISCLOSURE STATEMENT 2 4/14/16 TITLE REPORT 1 PHOTOGRAPHS OF THE PROPERTY 1 PROJECT DESCRIPTION 1 EARLY PUBLIC NOTICE PACKAGE 1 4/7/16 SWQMP 1 HYDROLOGY REPORT ?SETS TENTATIVE MAP/ SITE PLAN/ LANDSCAPING/PGP 1 DIGITAL COPY OF TENTATIVE MAP {'city of Carlsbad DISCLOSURE STATEMENT P-1(A) Developmen t Services Planning Division 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 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 J.ll!.ISt e 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 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 ~ttached if necessary.) A · 1 / Person /dtc+f,ftlc ~q,([ee.v) Corp/Partl_~8-0 Cotsrm..-VJ€WS, Title {p -flfcrt--/462.. Title U> ~Af:72. Address 2, 13/ ~.,J 5r Address 2731 ~ ¥ r,A/4f}lt7?, a 9 2-a:,2!, a~fl..;,..., {A a zeog OWN£'R (Not the owner's agent) •/' v I / 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 ~ ~M Corp/Part+-,{2.u. _________ _ Title Co-~e!l,, Title ___________ _ Address 27~/ ~ ~ ~), (k <JZCOCb I t Address ____________ _ Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust________ Non Profit/Trust _________ _ Title____________ Title _____________ _ Address __________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. 1 bove information is true and correct to the best of my knowledge. Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 { City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 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 club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Brian Sullivan Corp/Part Carlsbad Coastal Views, LLC Title Member Title --------------Address 3758 Highland Drive, Carlsbad, CA 92008 Address 3758 Highland Drive, Carlsbad, CA 92008 2. OWNER (Not the owner's agent) P-1 (A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Brian Sullivan Corp/Part Carlsbad Coastal Views, LLC Title Member Title --------------- Address 3758 Highland Drive Carlsbad, CA 92008 Address 3758 Highland Drive Carlsbad, CA 92008 Page 1 of 2 Revised 07/10 ... DISCLOSURE STATEMENT P -1 (A) cont'd 2. Additional Owner (Greater than 10%): Michael Lockerman 2731 Ocean Street Carlsbad, CA 92008 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 Not Applicable Non Profit/Trust ---------- Title Title -------------------------- Address Address ---------------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l ✓INo If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. above information is true and correct to the best of my knowledge. ~~ ~7/4 Signature of applicant/date ~7 Brian Sullivan Brian Sullivan Print or type name of owner Print or type name of applicant i 7 I tp owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 (city of Carlsbad PROJECT NAME: PROJECT DESCRIPTION P-1(8) Carlsbad Coastal Views Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANT NAME: --=-B-'-'ri..a,..a_n.....;;S;_;u;.;..;.l_livc...;ac.;..;.n _______________ _ 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 is a Tentative Map application to subdivide two parcels of land into nine (9) lots. Eight of the lots will have single family homes with garages and one lot will be used for a common area. The project will incl 3 on-site visitor parking spaces and an internal private street. There are currently two existing homes, of w one house on the property will be removed. The lots are described below: Lot 1 Total living sf is 3,801 sf -Garage/storage 987 sf, Decks/porch 281 sf Lot 2 Total living sf is 3,070 sf -Garage/storage 1112 -Workshop/ storage 611 sf -Decks/porch 281 sf Lot 3 Total living sf is 2,865 sf -Garage/storage 605 sf, Decks/porch 160 sf Lot4 Total living sf is 2,865 sf-Garage/storage 605 sf, Decks/porch 160 sf Lot 5 Total living sf is 2,990 sf -Garage/storage 677 sf, Decks/porch 281 sf -(Affordable Unit 600 sf) Lot 6 Total living sf is 2,990 sf-Garage/storage 767 sf -Workshop/ storage 594 sf -Decks/porch 281 sf Lot 7 Total living sf is 3,070 sf-Garage/storage 1112 -Workshop/ storage 611 sf-Decks/porch 281 sf Lot 8 Total living sf is 3,801 sf -Garage/storage 766 sf, Decks 281 sf P-1(8) Page 1 of 1 Revised 07/10 {cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Brian Sullivan Address: 3758 Highland Drive Carlsbad, CA 92008 Phone Number: 760-402-5021 PROPERTY OWNER Name: Carlsbad Coastal Views, LLC Address: 3758 Highland Drive Carlsbad, CA 92008 Phone Number: 760-402-5021 Address of Site: 3758 Highland Drive, Carlsbad, CA 92008 Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number:_2_0_5_-_2_2_0_-_9_1_a_n_d_9_3 __________ _ Specify list(s):_N_/_A __________________________ _ Regulatory Identification Number:_N_/_A ____________________ _ Date of List: N/A ----------------------------- 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 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 5 -·-d-0 -I lo (To be completed by City) Application Number(s) CT / (o~ 21 / Q,,O P / k, ,:;J.J f P U JO / ~ -0 3 /H OP I lo-0 / I I General Information 1. Name of project: Carlsbad Coastal Views 2. Name of developer or project sponsor: Carlsbad Coastal Views, LLC Address: 760-402-5021 City, State, Zip Code: Carlsbad, CA 9201 0 Phone Number: 760-402-5021 3. Name of person to be contacted concerning this project: _B_r_ia_n_S_u_lli_v_a_n _____ _ Address: 3758 Highland Drive City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760-402-5021 4. Address of Project: 3758 Highland Drive, Carlsbad, CA 92008 Assessor's Parcel Number: 205-220-91, 93 --------------------- 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: Coastal Development Permit, Hillside Development, Planned Development Permit, Tentative Tract Map 6. Existing General Plan Land Use Designation: R-4 Residential, 0-4 units/ac 7. Existing zoning district: R-4, 10,000 square foot lot size minimum a. Existing land use(s): One-Family Residential Zone 9. Proposed use of site (Project for which this form is filed): Subdivide property creating 9 lots-8 each having a single family residence, 1 common area Project Description 10_ Site size: 2.31 acre project 11. 12: 13. 14. P-1(0) Proposed Building square footage: _S_e_e_#_1_5 ______________ _ Number of floors of construction: _S_e_e_#_1_5 ______________ _ Amount of off-street parking provided: 3 guest parking spots and 8-2 car garages Associated projects: _N_o_n_e ___________________ _ Page 2 of 4 Revised 07/10 \, 15. If residential, include the number of units and schedule of unit sizes: ________ _ There are 8 residential single family homes and the unit sizes are as follows: (2 units) 3,801 sf (2 units) 3,070 sf (2 units) 2,865 (1 unit) 2,990 sf (1 unit) 2,990 plus 600 sf Affordable Unit. 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_f_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(0) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D [Z] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D [Z] roads. 22. Change in pattern, scale or character of general area of project. D [Z] 23. Significant amounts of solid waste or litter. D [Z] 24. Change in dust, ash, smoke, fumes or odors in vicinity. D [Z] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D [Z] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D [Z] 27. Site on filled land or on slope of 10 percent or more. [Z] D 28. Use of disposal of potentially hazardous materials, such as toxic substances, D [Z] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D [Z] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D [Z] 31. Relationship to a larger project or series of projects. D [Z] 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 b:~ ~~~ Date 'f/47/t(p Signature ~~ ~ 1 For: C~a--rls..;.....b--=a'--d-C---.E-oa--=--s-t.z::;..a-,;I V---=ie'--w ...... s,:;_, -=L'-"'LC- P-1(O) Page 4 of 4 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 (760) 60~-461~ ~, ~ Applicant Signature: ~ .~ -f/4 i <;, Cliu£Li ~ 2 t Staff Signature: Date: 5/d-U//b To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ('city of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: Highland Homes PROJECT ID: ADDRESS: 3758-3794 Highland Drive APN: 205-200-92 & 93 The project is (check one): D New Development Ill Redevelopment The total proposed disturbed area is: ft2(3.134 ) acres The total proposed newly created and/or replaced impervious area is: ft2 ( 1.045 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ Ill or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development proiect', ao to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ Ill b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ Ill accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ Ill If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above auestions, vour project is not exempt from PDP, ao to Step 3. E-34 Page 2 of 4 REV 02/16 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ 121 and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or 121 □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and 121 □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ Ill develooment oroiect includes development on any natural slooe that is twenty-five percent or Qreater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is Ill □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway Ill □ freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ Ill 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminaled with flows from adjacent lands).• 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ 121 shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ 121 RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles oer dav. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ 121 and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ 121 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statino "Mv oroiect is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 02/16 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = 14, 141 sq. ft. □ [l] Total proposed newly created or replaced impervious area (B) = 45,548 sq. ft. Percent impervious area created or replaced (B/A)*100 = 322 % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statina "Mv oroiect is a PDP ... " and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION [l] My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Carlsbad Coastal Views, LLC Applicant Name: Brian Sullivan Applicant Title· Member/Owner Applicant Signature::P~ m Date: ¢7dp -z, 1 • Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1 994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box or itv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 Order No. 140-1752642-66 Orange Coast Title Company Brian Sullivan 3480 Don Lorenzo Carlsbad, CA 92010 Attention: Property address: Dated: 3536 Concours Drive, Suite 120 Ontario, CA 91764 909-987-5433 PRELIMINARY REPORT Brian Sullivan Your no.: 1: 3794 Highland Drive, Carlsbad, CA 92008 Order no.: 2: 3758-88 Highland Drive, Carlsbad, CA 92008 April 27, 2016 Highland Dr. 140-1752642-66 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 of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and ALT A Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit 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 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. Dated as of April 14, 2016 at 7:30 AM The form of policy of title insurance contemplated by this report is: A.L.T.A Homeowner's Policy (2/03/10) Page 1 Helen Johnson, Title Officer Ph: 909-987-5433 Email: helenj@octitle.com Order No. 140-1752642-66 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 hereof is vested in: Carlsbad Coastal Views, LLC, a limited liability company. The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows: Parcels 2 and 3 of Parcel Map Number 20948, in the City of Carlsbad, County of San Diego, State of California, recorded as Document Number 2012-0050442, on January 30, 2012, in the Office of the San Diego County Recorder. Assessor's Parcel Numbers(s): 1: 205-220-92-00 2: 205-220-93-00 Page 2 - Order No. 140-1752642-66 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: General and Special taxes for the fiscal year 2016-2017, including any assessments collected with taxes. A lien not yet payable. First installment due and payable November 1, 2016, delinquent if not paid by 12/10/16 Second installment due and payable February 1, 2017, delinquent if not paid by 4/10/17 2 General and Special taxes for the fiscal year 2015-2016, including any assessments collected with current taxes. Total amount $339.88 1st installment $169.94, Paid Penalty $16.99 (after 12/10/2015) 2nd installment $169.94, Paid Penalty $26.99 ( after 04/11/2016) Code area 09000 -City of Carlsbad Parcel No. 205-220-92-00 Exemption $0 NOTE: Taxes above mentioned have all been paid and are reported for proration purposes only. The above taxes cover Parcel 2 of Parcel Map No. 20948. 3 General and Special taxes for the fiscal year 2015-2016, including any assessments collected with current taxes. Total amount $923.76 1st installment $461.88, Paid Penalty $46.19 (after 12/10/2015) 2nd installment $461.88, Paid Penalty $56.19 (after 04/11/2016) Code area 09000 -City of Carlsbad Parcel No. 205-220-93-00 Exemption $0 NOTE: Taxes above mentioned have all been paid and are reported for proration purposes only. The above taxes cover Parcel 3 of Parcel Map No. 20948. 4 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq of the revenue and taxation code of the state of California 5 Rights of the public and the county/city of San Diego/Carlsbad , in that portion of said property lying with the lines of Highland Drive , as it now exists. Page 3 6 Provisions of the dedication statement on Map of Tract: Parcel Map Number 20948 Which recite: Order No. 140-1752642-66 1. Building permits will not be issued for the development of the subject property unless the appropriate agency determines that sewer and water facilities are available 2. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence, and subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance 3. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnity the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface water or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans 7 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument Recorded: 3/20/1990, as Instrument No. 90-I 4 73 I 6, Official Records For: Storm drain and incidental purposes In favor of: The City of Carlsbad Affects: more particularly described in the above mentioned. NOTE: Reference is made to said document for full particulars. 8 An instrument, upon the terms and conditions contained therein Entitled: Neighborhood Improvement Agreement Recorded: 2/6/2012, as Instrument No. 20 I 2-0067 I 96, of Official Records 9 An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Drainage Recorded: 2/6/2012, as Instrument No. 2012-0067206, of Official Records IO An instrument, upon the terms and conditions contained therein Entitled: Hold Harmless Agreement Geological Failure Recorded: 2/6/2012, as Instrument No. 2012-0067207, of Official Records 11 A Deed of Trust to secure the indebtedness of Amount: $1,100,000.00 Trustor: Carlsbad Coastal Views, LLC, a Limited Liability Company Trustee: Mor Escrow Services, Inc., a California Corporation Beneficiary: Robert H. & Janice S. Fillion Family Trust dated 2/4/04 Dated: 07/14/2015 Recorded: 7/17/2015 as Instrument No. 2015-0376755, Official Records. 12 The requirement that we be provided: (1) A copy of the filed articles oforganization of Carlsbad Coastal Views, LLC, a limited liability company. (2) A current list of the names of said limited liability company members. (3) A copy of said limited liability company's operating agreement, with a verified certificate that the operating agreement is a true and correct copy of the agreement now in effect. End of Schedule B Page4 Order No. 140-1752642-66 "NOTES AND REQUIREMENTS SECTION" Note No. 1 California Revenue and Taxation Code Section 18662, effective January I, 1994 and by amendment effective January I, 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 of the 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 of this hold will be over and above the verbal hold the lender may have stipulated. B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended demand, at the discretion of the 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 If this 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 of such 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 of the Company for its services in connection with the escrow or sub-escrow. Page 5 Order No. 140-1752642-66 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. Page6 Order No. 140-1752642-66 Exhibit "A" Parcels 2 and 3 of Parcel Map Number 20948, in the City of Carlsbad, County of San Diego, State of California, recorded as Document Number 2012-0050442, on January 30, 2012, in the Office of the San Diego County Recorder. Page? Order No. 140-1752642-66 CL TA Preliminary Report Form -Exhibit B (06-03-11) CLTA STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this p<>lic:Y and the C(?mpany will not pay loss or damage, costs, attorneys' fees or expe!'lses whii;h.~ise by re~on of I. (a) Any lawh ordinance or governmental regulation (including but not limited to building or zoniny; laws, ~rdinances, or regulations). restnctmg, regulating,_ proh1b1tmg or relatmc (1~ the occupancy, user or ~nfiohment of the ~~} iiLl7~~ ( ~~t~~ir~1:~~~!~rs ~.~~fi~·~~~~f h~~ff ~Jrir:,e~~:1~tio~r oht:h:!er a~~~~~~~:s :d~J~~~~~~i~~;u,~tio~.e~xhdf p~~: tch~~~e~~ :g:t cl~';:~fi~1~~sf f he~~fgr~~~e:t"~~;:rof ~~~t~e ;~·~ d!r:c!~,i~~~ ~; encu.r.nbrance resulting from a v10fation or alleged violation affecting the land has been recc,rded in the fiublic r~cor~ at Dat~ of Policy. (b) Any governmental bolice fiower not excluded bi (a) above, except to the extent that ~-n~i~ch~;~}~~~:~~ido!:i~!nl!s~0~~tic~foaf1h~~~e~;ise0~h~~~f~!sb~~~~eu!i~!efinrr:h/~~li1~~e~~:d~e::i~~~}1P~1ic~~~~~~~~ee~cl~d~: rri~r:~~~::ej~y ~fki~~c;hf~rt~a:\!~i~~r~~ p~l~lto Date of Policy which would be binding on the rights of a purchaser for va1ue without knowledge. 3. Defects, liens, encum~rances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the ins~red claimant; (b) not knowi:i to the Company, not recorded m ~he public records at Date of Policy, but k~own to the insu~ed claimant and not disclosed in writing to the Company by the insured claimant pnor to the date the insured claimant be_came an insured under thts policr (c) result1!13 in no loss or damage to the insured claimant; (d) attach!ng or created subsequent to Date of Policy; or (e) resulting m loss or damage which would not have been sustained if the insured claimant ~~Jn~:f;~~:biJi~h:/ilieufien ~~~~;s~~:d~~~;!:!eb~~~~~~~sf fh!i~~~r;h~~ tail~le· of the insured at Date of Policy, or the inabihty or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land 1_s situated f~ ::;df~~7a.i~ unenforceability of the lien of the msured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and 1s based upon usury or any consumer credit protection or truth 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights law-s EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure ~ainst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of ln r:: o~r :s~~~~~~~ :1~~ti~ ~r~i~~;1o~di~~~~gJh~~he~yo~h~;te~~~ ot~6e'~~~ck~~~~~i :~nl~;~: ~~tllse o;u~,1~s:e~~~~!_on reaJ property or by the public records. Proceedings by a public agency which may result 2. Any facts, rights, interests, or claims which are not sho~ by the pubhc records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. E~ments,_l1ens or ~ncumbrances, or claims thereof, which are not shown by the public records. 4. D1screpanc1es, co~fhcts in boundary Imes, shortage m area, encroachments, or any other _fi~cts which a correct survey would disclose, and whic_h are not shown bh the public records. ~)' \~e~~t1I~~~~~~~ing claims; (b) reservations or exceptions in patents or in Acts authonzmg the issuance thereof; (c) water nghts, claims or title to water, whet er or not the matters excepted under (a), (b) or (c) are shown 6. Any lien or right to a lien 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 m Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from. 1 Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.buildmg, b. z.oning, c land used improvements on the Land, e.land 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 failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26, 27, or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b in streets, alleys, or waterways that touch the Land. This Exclusion does not hmit the coverage described in Covered Risk 11 or 21 7. The transfer of the Title to You is invalid as a referential transfer or as a fraudulent transfer or conve ance under federal bankru tc , state insolvenc , or similar creditors· n°hts laws. LIMITATIONS ON COVERED RISKS our msurance or t e o owmg overe 1s s 1s _1m1te on t e wner s overage tateme~t as o ows: • For Covered Risk 16, 18, 19, and 21 Your Deductible AmoWtt 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 Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1 o/o of Policy Amount shown in Schedule A or$ 2,500 (whichever is less) $10,000 Covered Risk 18: 1 o/o of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000 Covered Risk 19: 1 % of Policy Amount shown in Schedule A or$ 5,000 (whichever is less) $ 25,000 Covered Risk 21: 1 % of Policy Amount shown in Schedule A or$ 2,500 (whichever is less) $ 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, costs, attorneys' fees, and expenses res~lti_ng from: l~n<J°rj~di~i~fo°~i~e :v:o~~~t~ep:!:~~-0Tt~1:!~l~si!:1do~~~: at~I;r:1o~i~~;ti~~!a~i~ilieTeh~t:ic~~~~ ~f~1~~: :.~~s":~iih':~~in~hde ~~,i~:::r~;e:~~~:~;oi~~eThisg~x:,~~inud~e: ~~rlic;;;~~h:~~rn:e coverage described m 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 pnor to the Policy Date and is bmding on you if you bought the ~anfitttfil'sf/~~~tn1r~~~~!t~ti~owed, or agreed to by yo':-1 *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 hen coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5 Lack ofa 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. ThJS exclusion does not hm1t the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofth1s 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 those relating to building and zoning) restrictmg, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5 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 pubhc 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 m no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14);or(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state in which the Land is situated 5. Invalidity or unenforceability in whole or in part of the hen 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' nghts laws, that the transaction creatmg 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 authonty 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 I l(b): EXCEPTIONS FROM COVERAGE This pohcy 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 rea1 property or by the Public Records; (b) proceedings by a public agency that may result m 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 that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records 5.(a) Unpatented mming claims; (b) reservations or exceptions in patents or in Acts authonzing 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 hen or nght to a lien for services, labor or material not shown by the public records 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of. Page 8 Order No. 140-1752642-66 1. (a) Any law, ordinance, permit, or govemmenta1 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, dimensK>ns, or location of any improvement erected on the Land; (iii) the subdivision of land; or (IV) environmenta1 protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(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 pnorto the date the Insured Claimant became an Insured wider 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 m 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 pohcy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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 wider (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including but not limited to building and z.oning) 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 the 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 Risks 5, 6, 13(c), l3(d), 14, and 16.(b) Any governmental police power. This Exclusion l(b)does not 1TX>dify or limit the coverage provided under Covered Risks 5, 6, 13(c), l3(b), 14, and 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 Corr.,any by the Insured Claimant prior to the date the Insured Claimant became an Insured wider this policy;(c) resulting m no loss or damage to the Insured Claimant;(d) attaching or created subsequent to Date of Policy (however, this does not roodify 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 sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured to comply with applicable doing-business laws of the state in which the Land is situated. 5. Invalidity or wienforceability 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 inva1idity, wienforceability 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 pohcy. 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 in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6 .. 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 roodify 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) apreferentia1 transfer for any reason not stated in Covered Risk 27(b) of this policy Page9 Orange Coast Title Company PRIVACY POLICY We Are Committed to Safeguarding Customer Information Order No. 140-1752642-66 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about the property that is the subject of your transaction with us). Information about your transactions with us, our Affiliated Companies, or others; and Information we receive from a consumer reporting agency . Use of Information We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: ( 1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to J.>rovide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Other Important Information We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new Privacy Policy and the ability to opt out (as required by law) before the new policy becomes effective. Page 10 09 EB ~ SAN DIEGO COUN"TY ASSESSOR'S MAP 6J SOOK 205 PAGE 22 SHT 1 OF 2 1' 6J 1,A~ i(,"'\ REMAINDER PARCEL @ 760-166-43 "' ► \.-\.-~ -t 5.31 AC .s.►Q ~\.-C;>V c, ... l" @ 10.68 AC -\,ofi-.)0,~ ,,(J.'o "'\(,~ ., ...,.oo\.-~cP "'\ ?.-~' "'\c, 760-252-01 ...,.oo~ r:,CP DETAIL "A" 1"=100' ' IS ASSU OR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY .,,.. THIS~SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY 1 WITH ·LOCAL SUBDIVISION OR BUILDING ORDINANCES. 205-22 SHT 1 OF 2 } ·• 1"=200' EB· ~ 3/27/2013 cs ✓ !CHANGES BU OLD Zzo 2 tzo 44 i'20 3(, ~o = ~o .Jl,'1Z ;'20 c,,I tto 37 ~20 SI zzo 14 zzo 35 --rzo l,IJ 6Y/7tJ 33&34 24 15&16 H:..4! PO, -440 01 57&79 80 81&82 46 10 62&63 87-91 1• PM 20734 SO·SJ !i4..S? se-,o ~,P (;/ ,;z," 64/'5 ~~-"-f '147o 11(72 J1 75 3614 C 77 1593 C 77 '316'4 ~~/ 78 20.39 79 27PA ,, 23'-I 8ZI/S'ZO 83 Z84~ RA 3150 C 'C \ ~DJS A. VOIO C&RC 13IT-I I.'. 1323 7S47'° 94 /7~ STOP• 97 4796 77&78 00 1421 SA~E ,t 02 4892 ST OP PG 44 02 97 79 03 1676 80 03 1397 81&82 04 1538 83 04 1298 M,&POR OB 1342 ...... 85&86 10 1330 87-91 13 1307 92&93 13 1330 C ( \ / THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 14247 -MAGNOLIA GARDENS TCT 98 -12 MAP 7277 -CARLSBAD TCT NO 71 -4 MAP 1681-THUM LANDS ROS 14226, 20305