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Home My WebLink AboutMS 13-04; Parker Residence; Minor Subdivision (MS) (2)4~ ~" ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Administrative Permit 0 Coastal Development Permit (*) 0 Minor 0 Conditional Use Permit (*) 0 Minor 0 Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit (*) 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit [j] Tentative Tract Map/Parcel Map 0 Variance 0 Administrative Hr~-ou ' 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0 Amendment 0 Specific Plan 0 Amendment 0 Zone Change (*) 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICA OON MUST BE SUBMmED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 205-080-04-00 ----------------------------------------------------------------------PROJECT NAME: Parker Residence ------------------------------------------------------------ BRIEF DESCRIPTION OF PROJECT: Lot Split of 3215 Maezel Ln from one lot into two lots. BRIEF LEGAL DESCRIPTION: That Portion of Lots 32,33, & 34 of Patterson's addition to Carlsbad, according to Map 565, LOCATION OF PROJECT: 3215 Maezel Lane, Carlsbad STREET ADDRESS ON THE: SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of6 ~l'30 ~sed 11/12 ----------------~-~-~-·-··-~---··--· OWNER NAME (Print): Oakley G. and Johnelle Parker MAILING ADDRESS: 3215 Maezel Ln. ------------------------CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 1 "0-1l9., {O"Z.{p EMAIL ADDRESS: APPLICANT NAME (Print): Jobe Parker ~-~~--------MAILINGADDRESS: ~ ~2/f fi114Eb; CITY, STATE, ZIP: Clrl.ls h-td, c.+ .tft:OO'{ ~ TELEPHONE: ~8131-J~-S'l1-"/9J EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFO 11i10N IS TRUE AND CORRECT TO THE BEST OF MY AND THAT L HE ABOVE INFORMATION IS TRUE AND CORRECT TO ....... o.vv•..rOG . THE BEST KNOWLEDGE. 3.8.13 3.8.13 DATE SIGNATU DATE APPLICANT'S REPRESENTATIVE (Print): Raab Rydeen ---~---------------------------------MAILING ADDRESS: 2888 Loker Ave east, #303 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760 603-1900 EMAIL ADDRESS: Raab@terramareng.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORR CT TO THE BEST OF MY KNOWLEDGE. 3.8.13 DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING REC~-N THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH T.~LAN · BIND ANY SUCCESSORS IN INTEREST. ,. ·" / ./ ) TY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED MAR 2 2 2013 CITY OF CARLSBAD PLANNING DIVISION !DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 11/12 • i~ "' ... ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 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 OA-kft1 Gt. P4Htltttt. Corp/Part _________ _ Title OW tJ61l. Title ____________ _ Address~ZI(" 1!\AEle f /1". Address __________ _ C.~rt (sg.,..,, &A t'fZ C c 6 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.) Person t) n..jc./'( '1 c-.. PMUt'tl Corp/Part __________ _ Title OtetJ&l Title. _____________ _ Address J 2.tr Yhfttl;cii I lr~ C,./J.f?/jh.f,J. C/J. 5zpoi Address. ____________ _ Page 1 of2 Revised 07/10 • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. _________ _ Title ___________ _ Title _____________ _ Address. _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~·No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. Print or type arne of owner Print or type nclme of applicant Print or type name of owner/applicant's agent P-1(A) Page 2of2 Revised 07/10 PROJECT DESCRIPTION P-1(8) PROJECT NAME: 3215 Maezel Lane Tentative Parcel Map Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANTNAME: --~O~a~k~le~y~P~a~rk~e~r ________________________________ __ 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: 3215 Maezel Lane Project Description The applicant seeks a Tentative Parcel Map for APN 205-080-04-00 to sub divide the parcel into two new parcels. The current lot size is 43,017 sf. The two lots will be divided into Parcels A and B. Parcel A will maintain the existing single family residence and detached garage. Parcel A's Lot area is 24,527.31 sf. Parcel B will construct a new single family residence. Parcel B's Lot area is 18,489.69 sf. The proposed residence on Parcel B will be 2818 sf with a 575 sf garage and a 575 garage loft. The current parcel zoning is R-1 Residential with allowable 0-4 dwelling units per acre. The minimum lot size is 7,500 sf, the maximum lot coverage in this zoning is 40%, and the setbacks are front 20' interior 1 0' rear twice the required side setback. The proposed TPM meets all of these criteria. Development of this project would include a new sewer and water meter connections. The Building is Type V-N construction; the proposed elevations contain a deck, a patio, and a variety of horizontal and vertical relief. The maximum height of the building is 24'. The intent of the site design is to maintain as many of the existing on-site trees as possible. To this extent a number of 3' retaining walls are proposed throughout the site. Seven of the existing Eucalyptus trees will have to be removed for the construction of the new residence. In addition to saving as many of the existing trees as possible the landscaping will consist of native trees, shrubs, vines and perennials. P-1(8) Page 1 of 1 Revised 07/10 /f~ ~,~11 -~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: ~-p...t__<}'~ Address: ~Z-J ~ ftJA-2£€-L-L-!-1 ~~S~IrD r Uti-t;WOCj Phone Number: 1 ll 0 ~'5 'S VI~ { PROPERTY OWNER Name: o~~ey~K-y.2.___ Address: 321 t(; I<A-~~'EL c~~~ L-A-q2~ PhoneNumber: 7ftPO $""~~ Ca'zl Address of Site: __ -:3--=._2-_\.:_s--=------=-~--k=:-..-=--~-=-e______.:t:::::....._ __ 4/___:...::J_ ______ _ Local Agency (City and County): ____ C__:__,.:_. '\_;__.;.Y __ 't!I~F __ __:__L=I<rZ:....:.:....---=' =--"S~~-'!!!!.:~~:_ .. ,.---- Assessor's book, page, and parcel number:. __ _,A-'R~--'-'f7..:....__~-=----=~:....._-=0=---=~==---e--_t{:..__bO __ _ Speci~lis~s):. __ ~~~~~~~~~~~-~-~~·-~~:....._ _____________ _ Regulatory Identification Number:. ______________________ _ Applicant Sign 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: 7--'Z.L--C) (To be completed by City) Application Number(s): -~--=....:;C_/._").L--o=---1~'--------------------- General Information 1. Name of project: _ ____.-3..........:...==2-=-.!....\ ....:::s-::!.....-_~l,(A. __ k._£._Z_£_L--=:::__---- 2. Name of developer or project sponsor: ___ r_:-Tf__,__D_~...::__..:::L=-_ ... _*i!.....!_~....:.:.____..!....=.::...::::::::: ....... __ _ Address: 3''"2. .. \s= I/(.A.~£'2::EL-'-"'-/ City, State, Zip Code: ~~~J 1 U q~ ' PhoneNumber: --------------------------- 3. Name of person to be contacted concerning this project: ~ ~ """< t:>m......J Address: "2.. tb~~ l-c//c.~ ~~ ~ City, State, Zip Code: ~~A.-1:::> \ LA q '2-D) D Phone Number: '( (p b {oD'?;> 11 "[;5L:.> 4. Address of Project: 3Z I c;-/A.-A. ~ 2£ L__ Assessor's Parcel Number: ::Z .Q ~ b C:f::::::> DL\-l:5D 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: b-J)A 6. Existing General Plan Land Use Designation: --~-'--_-__,_} ------------------ 7. Existing zoning district: ----~-=----l------=----.,.-------------- 8. Existinglanduse(s): Sc~le ~'~:OJ 12,.?,:::/PEN'It~ L. 9. Proposed use of site (Project for which this form is filed): ~ -~==~------------ Project Description 10. 11. 12: 13. 14. P-1(0) Site size: __ _,D.........:...._. 9........_<"/'----.L..A_C. ________________ _ Proposed Building square footage: ZAf~ .-\-SZ-~ ~£-tS2~ Number of floors of construction: __ _!2=====------------------- Amount of off-street parking provided: _'?-===----....:~=..!...:...:..:::=---===~~..!..!.::=!...:.::&:::::::..!t!--=:::::::~---- Associated projects: ----JP~ll-'-~------------------- Page 2 of 4 Revised 07/1 0 ·'- 15. If residential, include the number of units and schedule of unit sizes: 16. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: --------- J)/6, I 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: 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). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes rzt D D [(( D ct' D ~ D ~ D if D ci' D 0' D cl D cl D ~ D 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: _o=-+\ ..l..-l11'-+-} ....~..._(S~--Signature: For: P-1(0) Page 4 of 4 Revised 07/10 stewart title Michael Muldoon Title Officer Order No. Title Unit No. PRELIMINARY REPORT 01180-286 79 7034 Stewart Title of California, Inc. 7676 Hazard Center Dr 14th Floor San Diego, CA 92108 Phone (619) 692-1600 Fax mmuldoon@stewart.com Your File No. Buyer/Borrower Name Seller Name Parker Family 08-29-95 and Oakley George Parker Property Address: 3215 Maezel Lane, Carlsbad, CA In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. 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 referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) 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 February 13, 2013 at 7:30a.m. Michael Muldoon, Title Officer When replying, please contact: Michael Muldoon, Title Officer File No.: 01180-28679 Prelim Report SCE Page 1 of 7 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: D CLTA Standard Coverage Policy D CL T A/ALTA Homeowners Policy D 2006 ALTA Owner's Policy D 2006 ALTA Loan Policy D ALTA Short Form Residential Loan Policy D Preliminary Search SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A fee as to Parcel(s) 1. An easement more particularly described below as to Parcel(s) 2, 3 and 4. Title to said estate or interest at the date hereof is vested in: Oakley G. Parker and Johnelle Parker, as Co-Trustees of The Parker Family Trust dated August 29, 1995 File No.: 01180-28679 Prelim Report SCE Page 2 of7 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: Parcell: That portion of Lots 32, 33 and 34 of Patterson's Addition to 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 September 22, 1656 and that portion of Canon Street closed to public use by Order of the Board of Supervisors of San Diego County, September 30, 1939, described as a whole as follows: Beginning at the most Southerly corner of Lot 32; thence North 55° 27' East 350.00 feet along the Southeasterly line of Lot 32; thence North 34° 33' West along a line parallel with and 350.0 feet at right angles Northeasterly from the Southwesterly line of Lot 32 a distance of 28.00 feet to the true point of beginning; thence continuing along said parallel line North 34 o 33' West 141.03 feet to the most Southerly corner of that land conveyed to Homer D. Davis and wife by Deed recorded May 25, 1948, in the Office of the County Recorder as Document No. 52616 in Book 2808, Page 269 of Official Records; thence along the Southeasterly line of said Davis Land North 55° 27' East 309.0 feet to the most Easterly corner of said Davis Land; thence parallel with the Southwesterly line of said Lots 32 and 33 South 34 o 33' East 141.03 feet to intersection with a line bearing North 55° 27' East from the true point of beginning; thence South 55° 27' West 309.0 feet to the true point of beginning. Parcel2: An easement for road purposes over the Northeasterly 12 feet of the Southwesterly 362 feet of Lot 33 and over the Northeasterly 12 feet of the Southwesterly 362 feet of that portion of Lot 32, lying Southeasterly of the Southeasterly line of Parcel 1, above described, all in Patterson's Addition to Carlsbad, in the County of San Diego, according to Map thereof No. 565, filed in the Recorder's Office of San Diego County, September 22, 1888, the Southwesterly line of said 12 foot strip of land being drawn parallel with and 350 feet Northeasterly, measured at right angles from the Southwesterly line of said Lots 32 and 33. Parcel3: An easement and right of way for ingress and egress for pipe line purposes over the Northeasterly 2 feet of the Southwesterly 364 feet of Lot 33 and over the Northeasterly 2 feet of the Southwesterly 364 feet of that portion of Lot 32 lying Southeasterly of the Southeasterly line of Parcel 1, above described, all in Patterson's Addition to Carlsbad, in the County of San Diego, according to Map No. 565, filed in the Recorder's Office of San Diego County, September 22, 1888; the Southwesterly line of said 2 foot strip of land being drawn parallel with and. 362 feet Northeasterly, measured at right angles from the Southwesterly line of said Lots 32 and 33. Parcel4: An easement for gas line and purposes incidental thereto, over, under, along and across that portion of the Northeasterly 6 feet of the Southwesterly 364 feet of Lots 32 and. 33 of Patterson's Addition to Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 565 filed in the County Recorder's Office September 22, 1888, lying Southeasterly of the Southeasterly line of that parcel of land described in Deed to Clarence Putz, et ux., recorded May 29, 1951 in Book 4115, Page 347 of Official Records. APN: 205-080-04-00 (End of Legal Description) File No.: 01180-28679 Prelim Report SCE Page 3 of7 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2013 -2014. B. Assessments, if any, for Community Facilities Districts or a Mello-Roos District affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. Exceptions: 1. Easements and rights of way for road and public utilities and incidental purposes, over, under, along and across those easement parcels herein described, as conveyed and reserved by various deeds of record. 2. An easement for road and rights incidental thereto as set forth in a document recorded May 25, 1948, in Book 2808, Page 269, of Official Records, affects a portion of the herein described land. Said easement has been granted and reserved in various deeds of record. 3. An easement for electric light poles and rights incidental thereto as set forth in a document recorded May 25, 1948, in Book 2808, Page 269, of Official Records, affects a portion of the herein described land. Said easement has been granted and reserved in various deeds of record. 4. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded September 15, 1949, in Book 3319, Page 326, of Official Records, affects a portion of the herein described land. 5. An easement for the construction of slopes and fills and rights incidental thereto as set forth in a document recorded May 22, 1958, in Book 7093, Page 146, of Official Records. Said easement has been granted and reserved in various deeds of record. The exact location of the easement is not disclosed by the instrument. 6. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in favor of the San Diego Gas and Electric Company as set forth in a document recorded August 21, 1958, in Book 7223, Page 197, of Official Records, affects a portion of the herein described land. 7. The matters contained in an instrument entitled "The Purposes of Providing Sewer, Water, and Gas Connections and Driveway to a Residence" dated September 26, 1968, by and between City of Carlsbad, a municipal corporation and Oakley G. Parker and Johnelle Parker, upon the terms therein provided recorded October 23, 1968 as Instrument No. 185552, of Official Records Reference is made to said document for full particulars. File No.: 01180-28679 Prelim Report SCE Page 4 of? 8. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount Dated Trustor Trustee Beneficiary Recorded Loan No. : $100,000.00 : August 4, 2011 : Oakley G. Parker and Johnelle Parker, as Co-Trustees of the Parker Family Trust dated August 29, 1995 California Bank and Trust California Bank and Trust : August 8, 2011 as Instrument No. 2011-0401935 of Official Records : 140072570004000662 The above deed of trust is reflected as an equity line loan or a revolving line of credit. Prior to final payoff we will require a written statement from the beneficiary that the account has been frozen. Note: Said account must be closed at time of payoff. 9. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company or by inquiry of the parties in possession thereof. 10. If title is to be insured in the trustee(s) of a trust or their act is to be insured, we will require a full copy of the trust agreement and any amendments thereto. In certain situations the Company may accept a Trust Certificate, pursuant to Section 18100.5 of the California Probate Code in lieu of the trust agreement. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 11. We find several judgments and/or other types of liens which do not describe said land, but which do name parties with the same or similar names to Oakley G. Parker and Johnelle Parker. In order for us to establish the effect of these matters it will be necessary that we be supplied with a Statement of Information from said parties. Please be sure said statements are as complete as possible and signed by the respective parties. Unsigned statements will not be acceptable. (End of Exceptions) File No.: 01180-28679 Prelim Report SCE Page 5 of? NOTES AND REQUIREMENTS A. Property taxes for the fiscal year 2012-2013 shown below are paid. For proration purposes the amounts are: 1st Installment $1,067.28 2nd Installment $1,087.28 Parcel No. 205-080-04-00 Code Area 09000 B. There are no conveyances affecting said land, recorded with the County Recorder within 24 months of the date of this report. C. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement 100 and 116, indicating that there is located on said land a Single Family Residence known as 3215 Maezel Lane, Carlsbad, CA, to an extended coverage policy. File No.: 01180-28679 Prelim Report SCE Page 6 of? CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. 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 Stewart Title of California, Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. WIRE INSTRUCTIONS We hereby request that our funds are wire transferred directly to our account. If you have any questions, regarding this matter, please call the number as referenced above. We do not accept ACH Transfers, these funds will be returned and may cause a delay in closing. Bank Name: Union Bank Bank Address: 1980 Saturn Street, Monterey Park, CA ABA#: 122000496 Account Name: Stewart Title of California, Inc. Account Number: 0010426383 REFERENCE OUR FILE NUMBER: 01180-28679 REFERENCE OUR BUYER/BORROWER NAME: REFERENCE OUR SELLER NAME: Parker Family 08-29-95 and Oakley George Parker File No.: 01180-28679 Prelim Report SCE Page 7 of7 Order No.: Escrow No.: 01180-286 79 01180-28679 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and described as follows: Parcel1: That portion of Lots 32, 33 and 34 of Patterson's Addition to 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 September 22, 1656 and that portion of Canon Street closed to public use by Order of the Board of Supervisors of San Diego County, September 30, 1939, described as a whole as follows: Beginning at the most Southerly corner of Lot 32; thence North 55° 27' East 350.00 feet along the Southeasterly line of Lot 32; thence North 34° 33' West along a line parallel with and 350.0 feet at right angles Northeasterly from the Southwesterly line of Lot 32 a distance of 28.00 feet to the true point of beginning; thence continuing along said parallel line North 34 o 33' West 141.03 feet to the most Southerly corner of that land conveyed to Homer D. Davis and wife by Deed recorded May 25, 1948, in the Office of the County Recorder as Document No. 52616 in Book 2808, Page 269 of Official Records; thence along the Southeasterly line of said Davis Land North 55° 27' East 309.0 feet to the most Easterly corner of said Davis Land; thence parallel with the Southwesterly line of said Lots 32 and 33 South 34 o 33' East 141.03 feet to intersection with a line bearing North 55° 27' East from the true point of beginning; thence South 55° 27' West 309.0 feet to the true point of beginning. Parcel2: An easement for road purposes over the Northeasterly 12 feet of the Southwesterly 362 feet of Lot 33 and over the Northeasterly 12 feet of the Southwesterly 362 feet of that portion of Lot 32, lying Southeasterly of the Southeasterly line of Parcel 1, above described, all in Patterson's Addition to Carlsbad, in the County of San Diego, according to Map thereof No. 565, filed in the Recorder's Office of San Diego County, September 22, 1888, the Southwesterly line of said 12 foot strip of land being drawn parallel with and 350 feet Northeasterly, measured at right angles from the Southwesterly line of said Lots 32 and 33. Parcel3: An easement and right of way for ingress and egress for pipe line purposes over the Northeasterly 2 feet of the Southwesterly 364 feet of Lot 33 and over the Northeasterly 2 feet of the Southwesterly 364 feet of that portion of Lot 32 lying Southeasterly of the Southeasterly line of Parcel 1, above described, all in Patterson's Addition to Carlsbad, in the County of San Diego, according to Map No. 565, filed in the Recorder's Office of San Diego County, September 22, 1888; the Southwesterly line of said 2 foot strip of land being drawn parallel with and. 362 feet Northeasterly, measured at right angles from the Southwesterly line of said Lots 32 and 33. Parcel4: An easement for gas line and purposes incidental thereto, over, under, along and across that portion of the Northeasterly 6 feet of the Southwesterly 364 feet of Lots 32 and. 33 of Patterson's Addition to Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 565 filed in the County Recorder's Office September 22, 1888, lying Southeasterly of the Southeasterly line of that parcel of land described in Deed to Clarence Putz, et ux., recorded May 29, 1951 in Book 4115, Page 347 of Official Records. APN: 205-080-04-00 (End of Legal Description) AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: February 20, 2013 Escrow No.: 01180-28679 Property: 3215 Maezel Lane, Carlsbad, CA From: This is to give you notice that ("Stewart Title") has a business relationship with Stewart Solutions, LLC, DBA -Stewart Specialty Insurance Services, LLC ("Stewart Insurance"). Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Hazard Insurance Home Warranty Natural Hazard Disclosure Report Escrow No.: 01180-28679 ABA Disclosure 2007 BP SCE Charge or range of charges $400.00 to $6,500.00 $255.00 to$ 780.00 $ 42.50 to$ 149.50 Page 1 of 1 CLTA Preliminary Report Form Exhibit A (Revised 06-03-11) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no foss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business Jaws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending Jaw. 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, stale 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: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 1 of 4 File Number: 01180-28679 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk B.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 appear 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, B.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: (Rev. 06-03-11) Your Deductible Amount 1% of Policy Amount or $2,500.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $2,500.00 (whichever is less) File Number: 01180-28679 Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Page 2 of4 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees. or expenses that arise by reason of: 1. (a) Any law. ordinance. permit. or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy. use. or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws. ordinances, or governmental regulations. This Exclusion 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 of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects. liens. encumbrances, adverse claims. or other matters (a) created. suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however. this does not modify or limit the coverage provided under Covered Risk 11,13, or 14); or (e) resuHing in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors • rights laws. that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs. attorneys' fees or expenses) which arise by reason of: 1. (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. which are not shown by the Public Records. 4. Any encroachment. encumbrance. violation. variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights. claims or Iitle 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. (Rev. 06-03-11) Page 3 of4 File Number: 01180-28679 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: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A. is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (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 which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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 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. (Rev. 06-03-11) Page 4 of4 File Number: 01180-28679 WARNING: THIS DOCUMENT MUST BE COMPLETED IN ITS ENTIRETY (1 THROUGH 9, BELOW MUST BE FILLED IN) FOR IT TO BE ACCEPTED BY . IF THIS IS NOT COMPLETED WILL REQUIRE A COMPLETE COPY OF THE TRUST, WITH A SIGNED AND ACKNOWLEDGED AFFIDAVIT. TRUSTEE CERTIFICATE (California Probate Code Section 181 00.5) 1/(We) (Name of Trustee(s)) Trustee(s) of the (Name of Trust) date am providing the information set forth below at the request of Stewart Title Company, a Texas Corporation, and its agent, (hereinafter collectively called "Company") WHEREAS, Company has been requested to issue a title insurance policy on the following described real property, more particularly described in Exhibit "A", and WHEREAS, Company has determined that the following information concerning the above named trust is necessary to ascertain whether it will be able to issue the requested policy of title insurance, THEREFORE, acting in my capacity as trustee of the above named trust, I hereby certify and confirm to Company that the information set forth below is accurate and correct. 1. The (Name of Trust) is currently in existence and was created on (Date of Declaration of Trust) 2. The settlor(s) of the trust are: 3. The current trustee(s) of the trust is/are: 4. The powers of the trustee(s) are: 5. The trust is a) revocable b) irrevocable (CIRCLE THE APPLICABLE CHOICE) 6. If the trust is revocable, the name of the person holding any power to revoke the trust: 7. If there are multiple trustees, the number of currently acting trustees' signature necessary to exercise the various powers of the trustee set forth above in Number 4 and the validity bind the trust. 8. The trust identification number (social security number or employer Tax I D): 9. The manner in which title to trust assets should be taken: The undersigned trustee(s) hereby declare that the trust has not been revoked, modified, or amended in any manner which would cause the representations set forth herein above to be incorrect. This certification is being signed by all of the currently acting trustees and being executed in conformity with the provisions of California probate Code Section 18100.5, effective January 1, 1994 (Assembly Bill1249, Chapter 530, Statutes of 1993). The undersigned hereby certifies and declares the above to be true. State of California County of* File No.: 01180-28679 Trustee Certificate SCE ) )SS. ) Page 1 of 2 On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ---------------------- File No.: 01180-28679 Trustee Certificate SCE (this area for official notarial seal) Page 2 of2 STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Biiley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes-to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes-to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes-information about your transactions and experiences. Affiliates are companies related by common Yes No ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes-information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you. Non-affiliates are companies not related by No We don't share common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.) Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use protect my personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? o request insurance-related services o provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Com an , 1980 Post Oak Blvd., Privac Officer, Houston, Texas 77056 File No.: 01180-28679 Page 1 of 1 Order No. 01180-28679 AVAILABLE DISCOUNTS DISCLOSURE STATEMENT This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") is pleased to inform you that upon proper qualification, there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts apply to and include: Property located within an area proclaimed a state or federal disaster area; Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale; Property being refinanced. Please talk with your escrow or title officer to determine your qualification for any of these discounts. Order Number: 01180-28679 Available Discounts Disclosure Statement SCE Ot:l a~~ ~ a I'J!l-~-~-m-~--~--1\m"--~--~-Y-. WO-UA!liLJlY-P~N«:a:l----,IS I ~ tt . IIAY NOT COiofl.Y Wllll LOCAl. SIJBIJ\IISiiiN""&' BIIU:fNG .ORaliiAHCES. . "' g i~ ~ nt:l ........ ~ ~--~ > Ql Ql (II 01 Ql -~ ~ '0 t..:l <::> 01 Q:l ~ ~ @ SAN Dl£00 CCIJNTY ~'$11AP BOOK 2«i PAGE 08 t VALLEY 205-08 1"=100' CHANC£5 w OLD~ r_.;..-,;r ~7 :"-n 7j /flf ~ 8 1B-11/ ~ /£!2 ..,iA, R;>..M lqo 17f. :17 "'?Z I~ V"M'- .%#,, u , /(.3&, 2! "f#'-J ss 4754 1!7&811 114 01 1373 8S.Id!9 9e&9!5 01114!18 MAP 12203-CARLSB4D TCT NO. 85-13 MAP 8072 -CARLSBAD TCT. 74-B MAP 5562 -BONITA VALLEY MAP 3899 -PARADISE ESTATES UNIT NO. 2 MAP 3691 -PARADISE ESTATES UNIT NO.1 MAP 565.-PAffiRSON'S ADD City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111 ~11111111111 ~1111111~11111~ 1111111111111111111111 Applicant: PARKER JOBE Description Amount MS130004 3,670.00 3215 MAEZEL LN CBAD Receipt Number: R0094180 Transaction ID: R0094180 Transaction Date: 03/21/2013 Pay Type Method Description Amount Payment Check 3,670.00 Transaction Amount: 3,670.00 • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1111111111111111~1~1111111~ 11~11m 1111111111111111111111 Applicant: PARKER JOBE Description Amount MS130004 32.20 3215 MAEZEL LN CBAD Receipt Number: R0094489 Transaction ID: R0094489 Transaction Date: 04/09/2013 Pay Type Method Description Amount Payment Credit Crd VISA 32.20 Transaction Amount: 32.20 City of Carlsbad Faraday Center Faraday Cashiering 001 1308001-2 03/21/2013 98 Thu, Mar 21, 2013 04:18PM Receipt Ref Nbr: R1308001-2/0031 PERMITS -PERMITS Tran Ref Nbr: 130800102 0031 0034 Trans/Rcpt#: R0094180 SET #: MS130004 Amount: Item Subtotal : Item Total: 1 ·. ITEM(S) TOTAL: Check (Chk# 1003) Total Received: Have a nice day! 1 @ $3,670.00 $3,670.00 $3,670.00 $3,670.00 $3,670.00 $3,670.00 **************CUSTOMER COPY************* • , --. J City of Carlsbad Faraday Center Faraday Cashiering 001 1309901-3 04/09/2013 35 Tue, Apr 09, 2013 03:05 PM • 1 Receipt Ref Nbr: R1309901-3/0013 PERMITS -PERMITS Tran Ref Nbr: 130990103 0013 0013 Trans/Rcpt#: R0094489 SET #: MS130004 Amount: Item Subtota 1 : Item Tot a 1: 1 @ $32.20 $32.20 $32.20 ITEM(S) TOTAL: $32.20 ,credit Card (Auth# 010618) $32.20 Total Received: $32.20 Have a nice day! **************CUSTOMER COPY************* ' . • • 4~_A CITY OF VcARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR A TENTATIVE PARCEL MAP Notice is hereby given that a tentative parcel map has been applied for to allow a two lot subdivision on property generally located at, 3215 Maezel Lane, Carlsbad, California, and more particularly described as: A portion of Lots 32, 33 and 34 of Patterson's Addition to 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 September 22, 1656 and that potion of Canon Street closed to public use by Order of the Board of Supervisors of San Diego County, September 30, 1039. This project proposes to subdivide an existing .98 acre parcel into two lots. The parcel containing the existing single-family residence is proposed to be approximately .56 acres in area, with the other parcel containing approximately .42 acres in area. The proposed minor subdivision is subject to the approval by the City Planner. If you have any objections to the granting of this tentative parcel map or wish to have an informal hearing to discuss the requested tentative parcel map, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Chris Garcia in the Planning Division at (760) 602-4622 or by email at Chris.Garcia@carlsbadca.gov. CASE NO.: MS 13-04 CASE NAME: Parker Residence DATE: April 24, 2013 CITY OF CARLSBAD PLANNING DIVISION Rev.03/13 ~: 3J.Ifl tfA e Z,Et • LtJ Af}J ; c205 .. D iZ> --Q i f • ~ f. j· : ,-~~~~~ I J .. 4oo • (~> CITY OF ¥CARLSBAD Memorandum August 7, 2013 To: From: Subject: Chris Garcia, Project Planner David Rick, Project Engineer JJf.. MS 13-04 PARKER RESIDENCE • The engineering department has completed its review of the project. The engineering department is recommending that the project be approved, subject to the following conditions: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final parcel map, building or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 4. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. Community & Economic Development-Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 5 .. • Fees/ Agreements 12. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 13. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Language in said agreement shall include the mandate that the property owner, in perpetuity, continue to accept the existing cross lot drainage from Maezel Lane to the existing concrete brow ditch located in the rear yard of 1845 Canyon Place. 21. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Maezel Lane along the property frontage for a half street width of 30 feet-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, sewer, water, fire hydrants and street lights .. 22. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer.26. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 27. Based upon a review of the proposed grading and the grading quantities shown on the tentative parcel map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving Page 2 of 5 • • water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 35. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 39. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 40. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). Dedications/Improvements 43. Developer shall cause owner to submit to the city engineer for recordation a covenant of easement for private drainage, purposes as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. 45. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other appropriate entities for the public street & public utility purposes as shown on the tentative parcel map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. 46. Developer shall cause owner to dedicate to the Carlsbad Municipal Water District (CMWD} and/or other appropriate entities an easement for water distribution facilities for the existing fire hydrant and proposed water meter located at the end of Maezel Lane. The offer shall be made by separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. Page 3 of 5 • • 47. The developer shall cause owner to request, in writing, and pay appropriate fees for processing said request that the city accept for public use Lot A of Map 3899, Paradise Estates Unit No. 2, recorded May 29, 1958. Non-Mapping Notes 59. Add the following notes to the final parcel map as non-mapping data: D. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. E. Geotechnical Caution: 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. G. 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 diversion of waters, the alteration of the normal flow of surface waters 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. Utilities 62. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 64. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. 65. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. 66. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative parcel map to the satisfaction of the district engineer and city engineer. Page 4 of 5 .. . ... • • Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 78. This tentative parcel map shall expire two years from the date on which the city planner approves this application. 80. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative parcel map are for planning purposes only. Page 5 of 5 • • CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: MS 13-04 PARKER RESIDENCE BUILDINGADDRESS: ~3=2~15~M~A~EZ~E=L~L~N~~~~~~~~~~~~~~~~~~ PROJECTDESCRIPTION: ~P~R~O~P~O~S~E=D~S~F~R~W~/~S~D~U~~~~~~~~~~~~~- ASSESSOR'S PARCEL NUMBER: 205-080-04-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: G. RYAN Date: 07.12.2013 WITH ATTACHED COMMENTS ATTACHMENTS COMMENTS DENIAL Please see the attached report of deficiencies marked with 1:&1. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: Date: ------- By: Date: ------- By: -------Date: FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 • • REVIEW CHECKLIST SITE PLAN WATER IMPROVEMENT 1 ST!Ol 2ND1<1 3RD1<1 ~ ~ 0 1. Hydrants 1 ST1<1 2 NDoo 3 RDI!l o Provide a fire hydrants within 300 feet along public streets and/or private driveways of this project. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. FIRE SPRINKLERS ~ ~ 0 1. An automatic fire sprinkler system is required for this project: ~ ~ 0 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. 0 0 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS 4. You will be required to install a one inch (1 ")or greater water service and water meter for each D.U. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. It is our strongest recommendation that you consult with a fire sprinkler design professional for an accurate water needs assessment. (~~ CITY OF ~CARLSBAD • Memorandum June 5, 2013 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: PROJECT 10: MS 13-04 PARKER RESIDENCE ISSUES REVIEW • Land Development Engineering has completed its review of the above referenced project for compliance with the previously determined issues. The project still has issues that must be addressed. The following is a list of these issues: 1. Please revise the tentative parcel map per the marked comments. 2. Please revise the drainage study per the marked comments. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Qc._- Associate Engineer-Land Development Engineering Attachment: redlined tentative parcel map redlined drainage study II> Community & Economic Development W 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov ~~t~ CITY 0 F ¥CARLSBAD • Memorandum April 18, 2013 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: MS 13-04 PARKER RESIDENCE (3215 MAEZEL LANE) COMPLETE Land Development Engineering has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. A curved street right-of-way similar to that of a cul-de-sac shall be dedicated along each parcel frontage to obtain the minimum lot width of 33 feet. Dedication shall also at a minimum encompass the fire hydrant assembly and water meter located at the end of Maezel Lane. The water meter shall be located in an area void of thick vegetation for access and visibility purposes. 2. A covenant of easement for access purposes will be required over Parcel A for the benefit of Parcel B. Add a note to the tentative parcel map for the proposed easement. A condition will be added to the project approval requiring processing of the easement through the city. 3. A covenant of easement for drainage purposes will be required over Parcel B for the benefit of Parcel A. Add a note to the tentative parcel map for the proposed easement. A condition will be added to the project approval requiring processing of the easement through the city. The easement may either blanket all of Parcel B or be defined with boundaries over the portion of Parcel B that receives the drainage. 4. Drainage shall flow at a minimum of 2% to a swale located 5 feet away from the building foundation in accordance with City Engineering Standard GS-15. The swale shall also be located 2 feet or more from the top of slope and/or property line. The City Engineer will not allow a lesser distance unless otherwise supported by a registered soil engineer. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov • MS 13-04 PARKER RESIDENCE (3215 MAEZEL LANE) Aprill8, 2013 Page 2 • 5. Note that the footings next to the slope along the west side of the building shall be deepened in accordance with the soil engineer's recommendation. Add a note stating such on the map. 6. Revise the tentative parcel map per the enclosed red lined comments. 7. Plot all the easements listed in the preliminary title report dated February 13, 2013. If any of the easements cannot be plotted, state so on the map and the reason it cannot be plotted. 8. A 1 foot wide "blocker strip" is located between the subject property and the end of Maezel Lane. This property, identified as Lot A of Palisades Estates Unit No. 2, Map No. 3899, was deeded to the City of Carlsbad, but was not to be used for public use per the map, which in turn prevents access to Maezel Lane. Item 7 of the title report suggests that an agreement with the City of Carlsbad was recorded on October 23, 1968 as Document Number 185552. Unfortunately, I was not able to locate this agreement in our records. Please provide a copy of this agreement as the title suggests that the agreement established the specifics for allowing access across Lot A. 9. The sewer lateral serving the house must be under a minimum of 12 inches of cover. It appears that the line will be too shallow and possibly daylight at the bioretention basin. Please address. 10. Revise the attached drainage study per the red lined comments. If you or the applicant has any questions, please either see or contact me at 602-2781. Please include the attached redlined plans and documents with your letter to the applicant and request that they submit new prints and a revised drainage study with the redlined prints for DAVID RICK Associate Engineer Land Development Engineering Attachment: Redlined plans Redlined drainage study • • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 25, 2013 PROJECT NO(S): MS 13-04 REVIEW NO: 1 ---------------------------------------~ PROJECT TITLE: PARKER RESIDENCE APPLICANT: -=J~O~B-=E....:...P..:....:A..:....:R.:...:.KE::.::R..::.__ ___________________ --j TO: k8J Land Development Engineering-Administration k8J Police Department -J. Sa sway k8J Fire Department-Greg Ryan k8J Building Department-Will Foss 0 Recreation -Mark Steyaert 0 Public Works Department (Streets)-Nick Roque 0 Water/Sewer District k8J Landscape Plancheck Consultant-PELA 0 School District 0 North County Transit District-Planning Department 0 Sempra Energy-Land Management 0 Caltrans {Send anything adjacent to 1-5) 0 Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, by 4/12/13. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: 4 C07J/f/tlg""£ 01;Je-Pet!~ (JJ( u 13t= 0d1J!;= {))~ O~Sr!Uicrrm fJJ~r 17tG: Srl?kft 7Tfr.J / Signature Date PLANS ATIACHED Review & Comment 12/12 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 25, 2013 PROJECT NO{S): MS 13-04 REVIEW NO: 1 -----------------------------------------~ PROJECT TITLE: PARKER RESIDENCE APPLICANT: JOBE PARKER ----------------------------------------------------~ TO: 1Zl Land Development Engineering-Administration cgj Police Department-J. Sa sway cgj Fire Department-Greg Ryan IZ! Building Department-Will Foss D Recreation-Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District 1Zl Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, by 4/12/13. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you i \ (\ _..1.....- COMMENTS: r-.-;0 l:: OMW'\Wt-J ~----------~~~-------------------------------------- Signature Date PLANS A IT ACHED Review & Comment CC:l I 12/12 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 25, 2013 • PROJECT NO(S): MS 13-04 REVIEW NO: 1 -----------------------------------------~ PROJECT TITLE: PARKER RESIDENCE APPLICANT: --.:J:....::O:....::B...::E_:_P..::....A:.:..:R..::....K.::..:ER....:..__ ___________________ -i · · TO: ~ Land Development Engineering-Administration ~ Police Department-J. Sa sway ~ Fire Department-Greg Ryan ~ Building Department-Will Foss 0 Recreation -Mark Steyaert 0 Public Works Department (Streets)-Nick Roque 0 Water/Sewer District ~ Landscape Plancheck Consultant-PELA 0 School District 0 North County Transit District-Planning Department 0 Sempra Energy-Land Management 0 Caltrans (Send anything adjacent to 1-5) 0 Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, by 4/12/13. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. :$.2;r~Cl Date PLANS ATTACHED Review & Comment 12/12 ~~ .4f~.A_ C I T Y 0 F ~~CARLSBAD • Community & Economic Development August 22, 2013 Raab Rydeen 2888 Loker Avenue East Suite 303 Carlsbad, CA 92010 • SUBJECT: NOTICE OF RESTRICTION -MS 13-04-PARKER RESIDENCE Dear Applicant: t'J\q.!\6::\ o'g I.;>~ lc:0o13 LJFILE www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Tentative Parcel Map, MS 13-04. Please ensure the following items are addressed prior to returning the Notice of Restriction: ../ Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ../ Document must be properly notarized . ../ Name on signature page and name on Notarial Acknowledgement must match . ../ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ../ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light} ../ Include property owner's name in the designated space above the owner's signature . ../ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~~ CHRIS GARCIA Junior Planner c: Michele Masterson, CEO Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • 3JI-=J c1 • RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number 205-080-04-00 -------------=-=~~~~~ Project Number and Name MS 13-04 -Parker Residence NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: That portion of Lots 32, 33 and 34 of Map 565 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder September 22, 1656, described as a whole as follows: Beginning at the most southerly corner of Lot 32; thence north 55°27' east 350 feet along the southeasterly line of Lot 32' thence north 34°33' west along a line parallel with and 350 feet at right angles northeasterly from the southwesterly line of Lot 32 a distance of 28 feet to the true point of beginning; thence continuing along said parallel line north 34°33' west 141.03 feet to the most southerly corner of that land conveyed to Homer D. Davis and wife by Deed recorded May 26, 1948, in the Office of the County Recorder as Document No. 52616 in Book 2808, Page 269 of Official Records; thence along the southeasterly line of said Davis Land north 55°27' east 309 feet to the most easterly corner of said Davis Land; thence parallel with the southwesterly line of said Lots 32 and 33 south 34°33' east 141.03 feetto the intersection with a line bearing north 55°27 east from the true point of beginning; thence south 55°27' west 309 feet to the true point of beginning is restricted by a Tentative Parcel Map No. MS 13-04 approved by the City of Carlsbad on August 14, 2013. A copy is on file at the City of Carlsbad Planning Division. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 01/2013 OWNER: Owner's Name Signature Print name and title Signature Print name and title Date • 205-080-04-00 MS 13-04 -Parker Residence APPROVED AS TO FORM: CITY OF CARLSBAD DON NEU, City Planner Date CELIA A. BREWER, City Attorney By: Assistant City Attorney Date (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). 2 Rev. 01/2013 • • , ~ ~~CARLSBAD Community & Economic Development August 14, 2013 Raab Rydeen Terramar Consulting Engineers 2888 Loker Avenue East, Suite 303 Carlsbad, CA 92010 www.carlsbadca.gov SUBJECT: TENTATIVE PARCEL MAP-MS 13-04-PARKER RESIDENCE-Request for approval of Tentative Parcel Map MS 13-04 to subdivide an existing .99 acre parcel into two parcels approximately .58 and .41 acre in size at 3215 Maezel Lane, in the R-1 Zone and in Local Facilities Management Zone 1. Dear Mr. Rydeen, The City Planner has completed a review of the application for a tentative parcel map located at 3215 Maezel Lane. The existing lot contains one single-family home and the subdivision will create two residentially zoned parcels with the existing home being preserved on one of the two parcels. The second parcel would be available for the construction of one single-family home under the current R-1 zoning designation. The City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code to approve this tentative parcel map based on the findings and subject to the conditions listed below. Findings: 1. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area; zoned for residential; is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots are available; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. 2. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the RLM General Plan Land Use designation allows for residential one-family lots. The lots being created satisfy all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ~-• • ~, ~ l3':zl ~ER RESIDENCE -" ....lglst"ll,~Ol~ Page 2 3. 4. 5. 6. 7. 8. 9. 10. 11. That the proposed project is compatible with the surrounding future land uses since surrounding properties also are designated for Residential Low-Medium (RLM) density development on the General Plan, in that the subject property is surrounded by existing single- family homes and is currently developed with one single-family home. The creation of a second lot would provide for one additional single-family home which would result in a project density (2.02 dwelling units per acre (du/ac)) which is within the density range allowed by the RLM designation (0-4 du/ac). That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the proposed subdivision meets all development standards and design criteria required by the R-1 zone for the creation of two standard lots including but not limited to requirements for access, minimum lot size, lot width and setbacks. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the developer has delineated and preserved on the parcel map, all existing easements of record. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 {Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented to take advantage of shade from existing trees on the property, as well as the large lots provide ample space between structures to take advantage of prevailing breezes. That the City Planner has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources and the project has been conditioned to pay housing in-lieu fees. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the proposed development does not contain any significant habitat and no significant wildlife or habitat will be impacted by the project. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that the subject property is designated RLM (0-4 dwelling units per acre (du/ac) with a 3.2 du/ac Growth Management Control Point density). The property has a net , .. • • MS 13-04-PARKER RESIDENCE August 14, 2013 Page 3 area of 43,017 square feet {.99 acre) and at the RLM Growth Management Control Point, 3.16 dwelling units are allowed. The project's proposed density of 2.02 du/ac is below the Growth Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with Government Code Section 65863. However, consistent with Program 3.2 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing needs that are not utilized by developers in approved projects, will be deposited in the City's Excess Dwelling Unit Bank. This project will deposit 1.18 dwelling units into the Excess Dwelling Unit Bank and the excess dwelling units are then available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are ad~quate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. The project has been conditioned to pay an affordable housing in-lieu fee in order to provide their proportionate share of affordable housing. 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 13. That the project is consistent with the City's landscape Manual and Water Efficient landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. CONDITIONS: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a final parcel map, building permit, or grading permit, whichever is first. • • MS 13-04-PARKER RESIDENCE August 14, 2013 Page4 Planning 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Parcel Map. 2. Approval is granted forMS 13-04 as shown on Exhibits "A"-"B", dated August 14, 2013, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Parcel Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Parcel Map , (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. • MS 13-04-PARKER RESIDENCE • August 14, 2013 Page 5 • 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 10. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carls.bad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the approval of the final map, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Parcel Map on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 13. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. • MS 13-04-PARKER RESIDENCE August 14, 2013 Page 6 • 14. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. Engineering General 15. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 16. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. Fees/ Agreements 17. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 18. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold. Harmless Agreement. Language in said agreement shall include the mandate that the property owner, in perpetuity, continue to accept the existing cross lot drainage from Maezel Lane to the existing concrete brow ditch located in the rear yard of 1845 Canyon Place. 19. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Maezel Lane along the property frontage for a half street width of 30 feet-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, sewer, water, fire hydrants and street lights. • • MS 13-04-PARKER RESIDENCE August 14, 2013 Page 7 20. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 21. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 22. Based upon a review of the proposed grading and the grading quantities shown on the tentative parcel map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 23. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 24. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 25. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 26. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). • • MS 13-04-PARKER RESIDENCE August 14, 2013 Page 8 Dedications/Improvements 27. Developer shall cause owner to submit to the city engineer for recordation a covenant of easement for private drainage, purposes as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. 28. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other appropriate entities for the public street & public utility purposes as shown on the tentative parcel map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. 29. Developer shall cause owner to dedicate to the Carlsbad Municipal Water District (CMWD) and/or other appropriate entities an easement for water distribution facilities for the existing fire hydrant and proposed water meter located at the end of Maezel lane. The offer shall be made by separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 30. At the end of Maezel lane, the developer shall install a barricade/guard posts or other acceptable method that will alert drivers that the street ends. Specifications for said barricade or alternate method of alerting drivers are subject to the city engineer's approval. 31. The developer shall cause owner to request, in writing, and pay appropriate fees for processing said request that the city accept for public use Lot A of Map 3899, Paradise Estates Unit No. 2, recorded May 29, 1958. Non-Mapping Notes 32. Add the following notes to the final parcel map as non-mapping data: a. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. b. Geotechnical Caution: 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. c. 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 diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other • • • MS 13-04-PARKER RESIDENCE August 14, 2013 Page 9 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. Utilities 33. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 34. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. 35. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. 36. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative parcel map to the satisfaction of the district engineer and city engineer. CODE REMINDERS: 37. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 38. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 39. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 40. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 41. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 42. This tentative parcel map shall expire two years from the date on which the city planner approves this application unless extended per Chapter 20.24.180 of the Carlsbad Municipal Code. 43. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative parcel map are for planning purposes only. • • MS 13-04-PARKER RESIDENCE August 14, 2013 Page 10 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a) and file the protest and any other required information with the city manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact the Project Planner, Chris Garcia, at 760-602-4622. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:fn c: Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer Fire Department, Gregory Ryan File Copy Data E~try • • _.if~.A._ CITY OF ~'CARLSBAD Community & Economic Development June 7, 2013 Raab Rydeen 2888 Loker Avenue East Suite 303 Carlsbad, CA 92010 SUBJECT: MS 13-04-PARKER RESIDENCE Dear Mr. Rydeen, • CL? ~ 1 1 \, C(lifC\ Pi c\Lc:C\~ j?o l \'b oFILE www.carlsbadca.gov Your project was deemed complete on April18. 2013. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). All remaining project issues must be addressed by July 5, 2013 since an administrative decision to approve or deny the project must be determined by July 19, 2013. If all project issues are not resolved by July 5, you may formally request a one-time 90 day application extension. Please contact me at (760) 602-4622, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, CHRIS GARCIA Junior Planner CG:bd c: Oakley G. & Johnelle Parker, 3215 Maezel Lane, Carlsbad, CA 92008 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • MS 13-04.-PARKER RESIDENCE June 7, 2013 Page 2 ISSUES OF CONCERN Planning: 1. The existing gazebo on proposed Parcel A does not meet the required setback from the proposed side property line. Accessory structures, less than 440 square feet in area and less than fourteen feet in height, if a minimum roof pitch of 3:12 is provided, or ten feet in height if less than a 3:12 roof pitch is provided, shall observe a minimum 5 foot side yard setback. Accessory structures that do not meet the above standards are required to observe the standard side yard setback (9.8 feet). Please adjust the proposed property lines, or place a note on the plans that the existing gazebo is to be removed prior to final map. Engineering: 1. Please revise the tentative parcel map per the marked comments. 2. Please revise the drainage study per the marked comments. Fire Prevention: 1. Fire comments, if any, to be provided at a later date. . I Chris Garcia City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 P: 760-602-4622 CONSULTING F: 760-602-8559 chris.garcia@carlsbadca.gov RE: Parker Residence 3215 Maezel Dear Mr. Garcia, ENGINEERS Please find the responses to the City's site applicable comments below. I look forward to hearing from you after you have had a chance to further review the second submittal. Should you have further questions or comments please do not hesitate to contact me at your convenience. Sincerely, Raab Rydeen ISSUES OF CONCERN Planning: 1. Please list the proposed density of the project {2.04 units per net acre). a. The proposed density was added to the cover sheet of the TPM. 2. Please add the setback lines to the plans. The setbacks are 20' for the front, 10% of the lot width for the sides, and twice the side yard for the year. a. The setbacks were added to the plan please refer to the cover sheet for the exact dimensions of the setbacks. 3. Please change references of "garage apartment" to "Second Dwelling Unit". a. This item was revised accordingly. 4. Please label the residence, garage and deck on Parcel A as existing. a. This item was revised accordingly. 5. Please show the stairs and the deck for the proposed Second Dwelling Unit. These features shall not extend more than two feet into required setbacks. 2888 LOKER AVE EAST STE. 303 • CARLSBAD • CA • 92010 • (760) 603-1900 TerramarEngineering.com • lnfo@TerramarEng.com ' I • e CONSULTING ENGINEERS a. The stairs have been added to the plans and do not extend more than two feet into the setback. 6. The lot width required is a minimum of 60 feet measured at the front setback line in addition to the frontage minimum described in Engineering comment# 1 below. a. The lot widths are 98 and 62.5 feet respectively. 7. A conceptual landscape plan is not required for this minor subdivision. Please remove from future re-submittals. a. The conceptual landscape plan has been removed. Engineering: Land Development Engineering has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. A curved street right-of-way similar to that of a cul-de-sac shall be dedicated along each parcel frontage to obtain the minimum lot frontage of 33 feet. Dedication shall also at a minimum encompass the fire hydrant assembly and water meter located at the end of Maezel Lane. The water meter shall be located in an area void of thick vegetation for access and visibility purposes. a. This item has been added to the plan. 2. A covenant of easement for access purposes will be required over Parcel A for the benefit of Parcel B. Add a note to the tentative parcel map for the proposed easement. A condition will be added to the project approval requiring processing of the easement through the city. a. This item has been added to the TPM. 3. A covenant of easement for drainage purposes will be required over Parcel B for the benefit of Parcel A. Add a note to the tentative parcel map for the proposed easement. A condition will be added to the project approval requiring processing of the easement through the city. The easement may either blanket all of Parcel B or be defined with boundaries over the portion of Parcel B that receives the drainage. a. This item has been added to the plans. 4. Drainage shall flow at a minimum of 2% to a swale located 5 feet away from the building foundation in accordance with City Engineering Standard GS-15. The swale shall also be located 2 feet or more from the top of slope and/or property line. The City Engineer will not allow a lesser distance unless otherwise supported by a registered soil engineer. a. Please see detail a sheet 2 for this area. This item has been detailed for the city's review. 2888 LOKER AVE EAST STE. 303 • CARLSBAD • CA • 92010 • (760) 603-1900 TerramarEngineering.com • lnfo@TerramarEng.com • • CONSULTING ENGINEERS 5. Note that the footings next to the slope along the west side of the building shall be deepened in accordance with the soil engineer's recommendation. Add a note stating such on the map. a. A note has been added ion the cross section and on the plan with regards to this issue. 6. Revise the tentative parcel map per the enclosed redlined comments. a. The redlined comments have been addressed. 7. Plot all the easements listed in the preliminary title report dated February 13, 2013. If any of the easements cannot be plotted, state so on the map and the reason it cannot be plotted. a. All easements have been shown on the plan. 8. A 1 foot wide "blocker strip" is located between the subject property and the end of Maezel lane. This property, identified as lot A of Palisades Estates Unit No. 2, Map No. 3899, was deeded to the City of Carlsbad, but was not to be used for public use per the map, which in turn prevents access to Maezel lane. Item 7 of the title report suggests that an agreement with the City of Carlsbad was recorded on October 23, 1968 as Document Number 185552. Unfortunately, I was not able to locate this agreement in our records. Please provide a copy of this agreement as the title suggests that the agreement established the specifics for allowing access across lot A. a. This item will be delivered with the submittal package. 9. The sewer lateral serving the house must be under a minimum of 12 inches of cover. It appears that the line will be too shallow and possibly daylight at the bioretention basin. Please address. a. The grading in the retention basin has been revised accordingly. 10. Revise the attached drainage study per the redlined comments. a. The redlined comments have been addressed. 2888 LOKER AVE EAST STE. 303 • CARLSBAD • CA • 92010 • (760} 603-1900 TerramarEngineering.com • lnfo@TerramarEng.com • • ~ (~~CITY OF ~~r CARLSBAD ru.E COPY Community & Economic Development May 21,2013 Raab Rydeen 2888 Loker Avenue East Suite 303 Carlsbad, CA 92010 www.carlsbadca.gov SUBJECT: MS 13-04-PARKER RESIDENCE-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY /PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Minor Land Divisions -State CEQA Guidelines Section 15315. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760} 602-4622 or Chris.Garcia@carlsbadca.gov. DON NEU, AICP City Planner DN:CG:bd c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 _4~~ CITY OF VcARLSBAD • Community & Economic Development May 21,2013 Raab Rydeen 2888 Loker Avenue East Suite 303 Carlsbad, CA 92010 SUBJECT: MS 13-04-PARKER RESIDENCE • fiLE COPY www.carlsbadca.gov Congratulations, your project application was deemed complete on April 18. 2013, and the City has determined on May 21, 2013 that the project is exempt from CEQA. In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), an administrative decision to approve or deny the project must be determined by July 19, 2013. Therefore, in the interest of achieving that decision date, all remaining project issues must be addressed by July 5, 2013. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. Should you have any questions regarding an application extension or withdrawal, please contact Chris Garcia at 760-602-4622 or by email at Chris.Garcia@carlsbadca.gov. DON NEU, AICP City Planner DN:CG:bd c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • Community & Economic Development April 18, 2013 Raab Rydeen 2888 Loker Avenue East, Suite 303 Carlsbad, CA 92010 SUBJECT: 1ST REVIEW FOR MS 13-04-PARKER RESIDENCE • LJ FILE www.carlsbadca.gov Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Tentative Parcel Map, application no. MS 13-04, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 5 complete sets of the revised development plans so that the project can continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Gar~ia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:sm c: Oakley G. & Johnelle Parker, 3215 Maezel Lane, Carlsbad, CA 92008 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy PI . 0 .Data Entry anntng !VISIOn 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 e • MS 13-04-PARKER RESIDENCE April18, 2013 Page 2 ISSUES OF CONCERN Planning: 1. Please list the proposed density of the project (2.04 units per net acre). 2. Please add the setback lines to the plans. The setbacks are 20' for the front, 10% of the lot width for the sides, and twice the side yard for the year. 3. Please change references of "garage apartment" to "Second Dwelling Unit". 4. Please label the residence, garage and deck on Parcel A as existing. 5. Please show the stairs and the deck for the proposed Second Dwelling Unit. These features shall not extend more than two feet into required setbacks. 6. The lot width required is a minimum of 60 feet measured at the front setback line in addition to the frontage minimum described in Engineering comment# 1 below. 7. A conceptual landscape plan is not required for this minor subdivision. Please remove from future re-submittals. Engineering: Land Development Engineering has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. A curved street right-of-way similar to that of a cul-de-sac shall be dedicated along each parcel frontage to obtain the minimum lot frontage of 33 feet. Dedication shall also at a minimum encompass the fire hydrant assembly and water meter located at the end of Maezel Lane. The water meter shall be located in an area void of thick vegetation for access and visibility purposes. 2. A covenant of easement for access purposes will be required over Parcel A for the benefit of Parcel B. Add a note to the tentative parcel map for the proposed easement. A condition will be added to the project approval requiring processing of the easement through the city. 3. A covenant of easement for drainage purposes will be required over Parcel B for the benefit of Parcel A. Add a note to the tentative parcel map for the proposed easement. A condition will be added to the project approval requiring processing of the easement through the city. The easement may either blanket all of Parcel B or be defined with boundaries over the portion of Parcel B that receives the drainage. 4. Drainage shall flow at a minimum of 2% to a swale located 5 feet away from the building foundation in accordance with City Engineering Standard GS-15. The swale shall also be located 2 feet or more from the top of slope and/or property line. The City Engineer will not allow a lesser distance unless otherwise supported by a registered soil engineer. ... •' MS 13-04-PARKER RESIDENCE April18, 2013 Page 3 • • 5. Note that the footings next to the slope along the west side of the building shall be deepened in accordance with the soil engineer's recommendation. Add a note stating such on the map. 6. Revise the tentative parcel map per the enclosed redlined comments. 7. Plot all the easements listed in the preliminary title report dated February 13, 2013. If any of the easements cannot be plotted, state so on the map and the reason it cannot be plotted. 8. A 1 foot wide "blocker strip" is located between the subject property and the end of Maezel Lane. This property, identified as Lot A of Palisades Estates Unit No. 2, Map No. 3899, was deeded to the City of Carlsbad, but was not to be used for public use per the map, which in turn prevents access to Maezel Lane. Item 7 of the title report suggests that an agreement with the City of Carlsbad was recorded on October 23, 1968 as Document Number 185552. Unfortunately, I was not able to locate this agreement in our records. Please provide a copy of this agreement as the title suggests that the agreement established the specifics for allowing access across Lot A. 9. The sewer lateral serving the house must be under a minimum of 12 inches of cover. It appears that the line will be too shallow and possibly daylight at the bioretention basin. Please address. 10. Revise the attached drainage study per the redlined comments. Fire: 1. Fire comments, if any, to come under separate correspondence.