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MS 13-06; 1811 Oak Avenue; Minor Subdivision (MS) (2)
^ 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) Leaislative Permits (FOR DEPT. USE ONLY) 1 1 Administrative Permit 1 1 General Plan Amendment 1 1 Coastal Development Permit (*) Q Minor 1 1 Local Coastal Program Amendment (*) O Conditional Use Permit (*) 1 21 Minor [U Extension 1 1 Master Plan [U Amendment 1 1 Environmental Impact Assessment 1 1 Specific Plan Q Amendment 1 1 Habitat Management Permit Q Minor 1 1 Zone Change (*) [B] Hillside Development Permit (*) 1 1 Zone Code Amendment 1 1 Planned Development Permit 1 Residential [U Non-Residential Soutii Carisbad Coastal Review Area Permits 1 1 Planned Industrial Permit 1 1 Review Permit ^ Administrative Q Minor [Z] Major 1 1 Planning Commission Determination 1 1 Site Development Plan Villaqe Review Area Permits 1 1 Special Use Permit 1 1 Review Permit ^ Administrative [ H Minor J Major [Bl Tentative Tract Map/Parcel Map 1 1 Variance Q Administrative (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMHTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 205-080-02-00 PROJECT NAME: Oak Avenue BRIEF DESCRIPTION OF PROJECT: An existing 1 acre (+/-) parcel will be subdivided to 4 parcels. BRIEF LEGAL DESCRIPTION: A portion of lots 32 and 34 of Patterson's Addition to Carlsbad LOCATION OF PROJECT: ON THE: West The terminus of Oak Ave and Canyon Street STREET ADDRESS SIDE OF Canyon Street (NORTH, SOUTH, EAST, WEST) BETWEEN Oak Avenue (NAME OF STREET) AND Canyon Street (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 6 Revised 11/12 OWNER NAME (Print): Brad Termini MAILING ADDRESS: 117050 Sorrento Valley Rd, #130 CITY. STATE, ZIP: San Diego, Ca 92121 TELEPHONE: 858 705-0242 EMAIL ADDRESS: brad@zephrpartners-re.eom APPLICANT NAME (Print): Jim Mcmenamin MAILING ADDRESS: 117050 Sorrento Valley Rd, #130 CITY, STATE. ZIP: San Diego, Ca 92121 TELEPHONE: 858 705-0242 EMAIL ADDRESS: jim@zephrpartners-re.eom 1 CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE Ar^D CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO TUE B£ST OF MY KNOWLEDGE. ^-^-/^ DATE APPLICANT'S REPRESENTATIVE (Print): Mark Brencick MAILING ADDRESS: 9555 Genesee Ave CITY. STATE. ZIP: San Diego, Ca 92121 TELEPHONE: EMAIL ADDRESS: 858.587.8070 mark@lmco.net I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND C0RRE/$\r TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND Af PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED SEP 1 8 2013 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 11/12 ^ DISCLOSURE Development Services STATEMENT Planning Division P- 1(A) 1635 Faraday Avenue www.carlsbadca.gov CARLSBAD (760) 602-4610 Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person B^i> Tg^^W/ Corp/Part "^^^^ HoMA^'lL. LLd^ Title f^4A^A6^»J6- ^ewi^g^ YxWoTht^^uVA^, •H4^/l&,^y6- rv\ ttM^Cf^ Address //^feo \/Au^fC>Mc\ ress 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^<^^^^ 0^ Corp/Part Title Title Address Address p-1 (A) Page lof 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes 1^5N o If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant lignature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 PROJECT DESCRIPTION: The project is located at the terminus of Oak Avenue and Canyon Street and is approximately 0.96 acres. A single family house is located on-site and will be demoed as part of the proposed project, but the majority of the site is maintained vacant land. The project proposes to subdivide an existing parcel into 4 lots via a tentative parcel map application and construct 4 single family homes for residential use. The project also proposes to vacate a portion of Oak Avenue in the application, reserve a 20' easement for an existing public water line and vacate a portion of Canyon Street. No sensitive onsite resources exist. The proposed use and intensity of the project are consistent with the surrounding neighborhood. Furthermore, the proposed project meets all zoning requirements and ordinances; no variances, exceptions or waivers are requested with this application. y.s.'^.s {KMKM\- \\CIUIC. Suite 200, San Dicgo ( A ')2I21 Ph: (S5S) .SS7-S(I70 . Fax: (X.-iS) .*>X7-S75() Property looking north west. Source: Google Earth 2013 Landmark Consulting 9555 Genesee Avenue, Suite 200, San Diego, CA 92121 Ph: (858) 587-8070 • Fax: (858) 587-8750 SEBSirCEDaVssB I 4 ll I Exit street View Property looking south west. Source: Google Earth 2013 Landmark Consulting 9555 Genesee Avenue, Suite 200, San Diego, CA 92121 Ph: (858) 587-8070 • Fax: (858) 587-8750 Property looking south-east. Source: Google Earth 2013 Landmark Consulting 9555 Genesee Avenue, Suite 200, San Diego, CA 92121 Ph: (858) 587-8070 • Fax: (858) 587-8750 Property looking south east. Source: Google Earth 2013 Landmark Consulting 9555 Genesee Avenue, Suite 200, San Diego, CA 92121 Ph: (858) 587-8070 • Fax: (858) 587-8750 Subject property. Source: Google Earth 2013 Landmark Consulting 9555 Genesee Avenue, Suite 200, San Diego, CA 92121 Ph: (858) 5S7-8070 • Fax: (858) 587-8750 ^ 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. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. Name: APPLICANT .Jim Mcmenamin Address: PROPERTY OWNER Name: Address: Phone Number: .858.705.0242 Phone Number: 858.705.0242 Address of Site: Local Agency (City and County):. Assessor's book, page, and parcel number:. Specify list(s): Regulatory Identification Number:. Date of List: Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ^ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. v Applicant Signature: Staff Signature: ^ ...^^(.^^ Date: ^/S^H/^ICJIS To be stapled with receipt to the application P-1 (E) Page 1 of 1 Revised 07/10 m m A TENTATIVE PARCEL MAP a,,,,,,„,„, services %^ WAIVER OF PROCESSING Planning Division r'ADrCDAr^ TIME LIMITS leSS Faraday Avenue ^MKL:iDAU P.1(F) www.carlsbadca.gov Proposed Minor Subdivision No.:. Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g.. Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. "7^ . - / - Signer is (check one)y^ ^CtA(toK^4^4^ 7. /!>>. 1^ nProperty Owner EApplicant iignature Print Name Date Signature Print Name Date Signer is (check one): •Property Owner QApplicant P-1(F) Rev. 04/13 ADVANCED GEOTECHNICAL SOLLTIONS, INC. 9707 Waples Street, Suite 150 San Diego, California 92121 Telephone: (619) 708-1649 Fax: (714) 409-3287 ZEPHYR PARTNERS 11750 Sorrento Valley Road, Suite 230 San Diego, CA 92121 September 16,2013 P/W 1308-06 Report 1308-06-B-2 Attention: Mr. Jim McMenamin Subject: Gentlemen: Geotechnical Eeasibility Report Eour Single-Eamily Residences on Oak Avenue, Carlsbad, California Pursuant to your request. Advanced Geotechnical Solutions, Inc. (AGS) Feasibility study for tlie 0.95- acrc proposed four lot single-family residential development, located on Oak Avenue, Carlsbad, Califomia. The purpose of this study is lo provide Zephyr Partners with geotechnical information that will be utilized as part of the due diligence process toward development of the parcel. It is AGS's understanding that the intended use for the site will be to support 4 single-family residential units and associated improvements. The subject site currently supports an existing single family residence on the west side, with the remaining portions of the site covered with a light growth of weeds and scattered trees and bushes. The site is bounded on the north by the ea.sterly terminus of Oak Avenue and to the east by Canyon Street. Site topography generally slopes from a high on the west side to a low on the east side, with elevations ranging from approximately 186 msl in the west to 155 msl in the east. It is our understanding that once the existing structure is demolished the site will be developed into four terraced, single family residential lots with access afforded from either Oak Avenue or Canyon Street. The prof)osed residential structures will be one to two stories, wood frame, supported by conventional slab-on-grade or post-tensioned foundation systems. At this time the project is designed for cuts and fills ranging from 10 to 15 feet. AGS is currently conducting a geologic and geotechnical study of the project Once completed a detailed geotechnical investigation will be prepared presenting the results of our site-specific subsurface investigation and recommendations for the development of the lots and associated structures. In preparing this Geotechnical Feasibility study, AGS has conducted the following scope of work. • Review of available geologic and geotechnical information from regional mapping. • Observations of the site. • Discussion of site geologic conditions, including a seismic hazards evaluation. • Discussion of preliminary remedial grading preliminary foundation recommendations. • Preparation of this report. ORANGE AND L.A. COUNTIES (714) 786-5661 INLAND EMPIRE (619) 708-1649 SAN DIEGO AND IMPERIAL COUNTIES (619) 850-3980 Page 2 September 16,2013 P/W 1308-06 Report 1308-06-B-2 From perspective geotechnical perspective, the key issue is associated with the development of the site are: the removal depths of unsuitable soils onsite; the expansion potential of the onsite soils; and the dissimilar bearing characteristics caused by the design cut/fill transitions as shown on the grading plans prepared by Landmark Consultants. GEOLOGIC DISCUSSION Based upon our experience in the area and review of the referenced geologic maps the 0.96 acre site is likely mantled with a variable thickness (1 to 5 feet) of topsoil/undocumented fill/residual soil overlying Old Paralic deposits (Qop2-i). The existing undocumented fill, topsoil/residual soil will likely consist of poorly consolidated silty to sandy soils in a dry and loose state. The Old Paralic deposits (Qop2^) typically consist of mid Pleistocene marine and colluvial generated reddish brown sandy, silty to clayey deposits. The upper weathered Old Paralic deposits will likely be porous and have unsuitable bearing characteristics in their present state for structures and engineered fills. In general, all of the residual soils and the upper weathered Old Paralic deposits (1 to 3 feet) will require removal in structural fill areas. The nearest mapped landslide is approximately 0.5 mile east of the site. Owing to the relatively stable geologic units at the site, recent mapping by others, and lack of geomorphic expression, landsliding or other slope stability hazards are not anticipated to be a design issue at this site. The nearest active fault is the Rose Canyon section of the Newport-Inglewood-Rose Canyon Fault Zone and is approximately 3.0 miles west of the site (Kennedy & Tan, 2007). Accordingly, surface fault rupture is not regarded as a hazard at this site. Liquefaction susceptibility is extremely low, owing to the cohesive and dense nature of the terrace deposits and expected lack of shallow groundwater conditions. Other seismic hazards, such as seismically induced landsliding, rock fall and seiches are regarded as not significant GEOTECHNICAL DISCUSSION Results of previously conducted subsurface exploration and laboratory testing in adjacent areas to the site indicate that the onsite soil units will likely consist predominately of coarse-grained soils sandy to silty sand soils with possible infrequent silts and clays. In general, the onsite soils will likely be classified as "Very Low" to "Medium" in expansion potential. Within the development, footprint removals and recompaction of the upper three (3) to five (5) feet of surface soils will likely be required, localized deeper removals could be required. Removed soils will be suitable for us as compacted fill. It is anticipated that the proposed grading will generally balance and less than 500 cubic yards of import or export will be required. Grade changes will vary from a few feet to as much as ten feet. ADVANCED GEOTECHNICAL SOLUTIONS. INC. Page 3 P/W 1308-06 September 16,2013 Report 1308-06-B-2 Cut and fill slopes constructed at slope ratios of 2:1 are anticipated to be both globally and surficially stable. Owing to the near surface "Very Low to Medium" expansive soil conditions anticipated, it is expected that foundations for use in the single family residences could utilize either "conventional" slab-on-grade or "post-tensioned" foundation system. It is anticipated that once the remedial and cut fill grading is completed the onsite soils will minimally provide a bearing value of 2,000psf. Once structural loading conditions are known, appropriate footing sizing and under slab treatment will be provided. 2.0 SUMMARY Based upon AGS's investigation, the 0.95-acre parcel is suited for the proposed single family residential use. There are no significant seismic hazards that will significantly impact development of the site. Ground shaking is possible from any of the nearby active faults and code values should be utilized for structural design. Near surface soils are expected to be "Very Low to Medium" expansive. Conventional or post-tensioned slab-on-grade foundation systems should be used for the residential structures. It is expected that removal and recompaction will vary between three (3) to five (5) feet in structural areas. It is AGS's opinion that the subject site is suitable for the proposed development from a geologic/geotechnical perspective. Once our geotechnical study is completed a preliminary geotechnical report will be prepared suitable for design, regulatory review and bidding. The opportunity to be of service is sincerely appreciated. If you should have any questions, please do not hesitate to contact the undersigned. Respectfully Submitted, Advanced Geotechnical Solutions, Inc. JEFFREY A. CHANEY, Vice President RCE 46544/GE 2314 Distribution: (4) Addressee ADVANCED GEOTECHNICAL SOLUTIONS, INC. Form No. 1402.06 ALTA Owner's Policy (6-17-06) 1100302P050600 Policy Page 1 Policy Number: 4446519 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company Any notice of claim and any otiier notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS (i) (ii) (iii) SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TTTLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risl<s 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title iDeing vested other than as stated in Schedule A. Any defect in or lien or encumbrance on the Title. This Covered Risl< includes but is not limited to insurance against loss from (a) A defect in the Title caused by forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; faiiure of any person or Entity to have authorized a transfer or conveyance; a document affecting Title not properiy aeated, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. 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. Tbe term "enaoachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing Improvements located on adjoining land. Unmarketable Title. No right of access to and from the Land. The violation or enforcement of any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment ofthe Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded In the Public Records setting forth the violation or Intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. An enforcement action based on the exercise of a governmental (b) (c) police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, Is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any Interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown In Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason ofthe failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of Its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. First American 'ntle Insurance Company (•HESIOCNT Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page 2 Policy Number: 4446519 EXCLUSIONS FROM COVERAGE The foilowing 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 Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Titie. 4. Any ciaim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Titie 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. coNDrrioNS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Titie (1) if the stock, shares, memberships, or other equity interests ofthe grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE Tbe coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have iiabiiity by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of titie or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. Tbe Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page 3 Policy Number: 4446519 Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Titie, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises Its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CUIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Titie or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shaii terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. Ali information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settie with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by liie Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise seti:le with the Insured Claimant the loss or damage provided for under this policy, together with any costs. attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF UABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value ofthe Titie as insured and the value ofthe Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Titie, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. UMITATION OF LIABILITY (a) If the Company establishes the Titie, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or ft-om the Land, or cures the claim of Unmarketable Titie, ail as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability' for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the TiHe, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY Ail payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitied to the rights of the Insured Claimant in the Titie and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settie in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page 4 Policy Number: 4446519 (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to tiie Titie Insurance Arbitration Rules of the American Land Titie Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbibated only when agreed to by both the Company and the Insured. Arbifration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any courtof competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POUCY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Titie or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABIUTY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of titie insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shaii apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Titie that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its confiicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department. POLICY OF TITLE INSURANCE First American Title Insurance Company Form No. 1402.06 Poilcy Page 5 ALTA Owner's Policy (6-17-06) Policy Number: 4446519 SCHEDULE A First American Title Insurance Company Name and Address of Title Insurance Company: First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 File No.: DIV-4446519 Policy No.: 4446519 Address Reference: 1811 Oak Avenue, Carlsbad, CA 92008 Amount of Insurance: $1,050,800.00 Premium: $2,180.00 Date Of Policy: July 30, 2013 at 4:59 P.M. 1. Name of Insured: Zephyr Custom Homes II, LLC, a Delaware Limited Liability Company 2. The estate or interest in the Land that is insured by this policy is: A fee as to Parcel(s) A, an easement as to Parcel(s) B and C 3. Title is vested in: Zephyr Custom Homes II, LLC, a Delaware Limited Liability Company 4. The Land referred to in this policy is described as follows: Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL "A": THAT PORTION OF LOTS 32 AND 34 OF PATTERSON'S ADDITION TO CARLSBAD AND THAT PORTION OF CANYON STREET, CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, SEPTEMBER 30, 1939, TOGETHER WITH THE SOUTHEASTERLY 10 FEET OF OAK AVENUE ADJOINING LOT 32 ON THE NORTHWEST AS CLOSED TO PUBLIC USE BY ORDER OF TME BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, SEPTEMBER 30, 1939, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 74-8 ACCORDING TO MAP THEREOF NO. 8072 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 14, 1975, SUCH POINT BEING IN THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 10 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY LINE, NORTH 55° 28' 04" EAST 97.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTHWESTERLY LINE, SOUTH 34° 38' 52" EAST 160.23 FEET; THENCE NORTH 55° 28' 04" EAST 300.53 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF CANYON STREET; THENCE, ALONG SAID SOUTHWESTERLY LINE, NORTH 61°34'H" WEST 163.76 FEET, NORTH 19° 43' 15" WEST 14.86 FEET TO A POINT IN THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY LINE SOUTH 55° 28' 04" WEST 230.21 FEET TO THE TRUE POINT OF BEGINNING. SAID LAND IS PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON First American Title Insurance Company Form No. 1402.06 Policy Page 6 ALTA Owner's Policy (6-17-06) Policy Number: 4446519 JULY 5, 1983 AS INSTRUMENT NO. 83-227527, OF OFFICIAL RECORDS. PARCEL "B": AN EASEMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A LINE OF SEWER PIPE OR PIPES OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LANDS: THAT PORTION OF LOT 32 OF PATTERSON'S ADDITION TO CARLSBAD AND THAT PORTION OF THE SOUTHEASTERLY 10.00 FEET OF OAK AVENUE CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, SEPTEMBER 30, 1939, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 74-8 ACCORDING TO MAP THEREOF NO. 8072 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 14, 1975, SUCH POINT BEING IN THE NORTHWESTERLY UNE OF SAID SOUTHEASTERLY 10.00 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY UNE NORTH 55° 28' 04" EAST 97.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 34° 38' 52" EAST 160.23 FEET; THENCE, SOUTH 55° 28' 04" WEST, 11.67 FEET; THENCE NORTH 34° 38' 52" WEST, 160.23 FEET TO A POINT IN THE SAID NORTHWESTERLY UNE OF THE SOUTHEASTERLY 10.00 FEET OF OAK AVENUE; THENCE ALONG SAID NORTHWESTERLY UNE NORTH 55° 28' 04" EAST, 11.67 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE BENEFIT OF SAID PARCEL "A". PARCEL "C": AN EXCLUSIVE EASEMENT IN GROSS FOR INGRESS AND EGRESS, PLANTING AND LANDSCAPING FOR THE BENEFIT OF YVONNE MEIER, AN OWNER OF PARCEL "A" HEREIN, AND HER HEIRS OR DEVISEES, OVER, UNDER, ALONG AND CROSS THE PROPERTY DESCRIBED IN PARCEL "B" ABOVE. SAID EASEMENT SHALL TERMINATE UPON THE SALE BY THE SAID YVONNE MEIER OR HER HEIRS OF THE SOUTHWESTERLY 85 FEET OF PARCEL "A". APN: 205-080-02-00 First American Title Insurance Company Form No. 1402.06 Policy Page 7 ALTA Owner's Policy (6-17-06) Policy Number: 4446519 SCHEDULE B File No. DIV-4446519 Policy No. 4446519 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Part One: 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, 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 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. Part Two: 1. General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 4. An easement for PUBLIC HIGHWAY and incidental purposes in the document recorded December 04, 1930 in Book 1852 of Deeds, Page 11. 5. Any easements and/or servitudes affecting easement parcel(s) B AND C herein described. First American Title Insurance Company Form No. 1402.06 Policy Page 8 ALTA Owner's Policy (6-17-06) Policy Number: 4446519 A deed of trust to secure an indebtedness in the original principal amount of $3,300,000.00 recorded July 30, 2013 as Document No. 2013-0477699 of Official Records. Dated: July 22, 2013 Trustor: Zephyr Custom Homes II, LLC, a Delaware limited liabilit/ company Trustee: First American Title Insurance Company Beneficiary: California Bank & Trust, a California banking corporation First American Title Insurance Company Form No. 1402.06 Policy Page 9 ALTA Owner's Policy (6-17-06) Policy Number: 4446519 First American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Appiicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of Its source, First American calls ttiese guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we recdve from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the t)enefrt: of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all ofthe types of nonpublic personal informatton listed above to one or nwre of our affiliated companies. Such affiliated companies include financial service providers, such as dtle insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all t^e information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no tonger our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your informatton. We restrict access to nonpublic personal informatton about you to those Individuals and entities who need to know that information to provide products or services to you. We will use our t>est efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Poilcy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards Uiat comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy Issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect tJie domain names, not the e-mail addresses, of visitors. This Information is aggregated to measure the number of visits, average time spent on ttie site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, howrever, when we may need information from you, such as your name and email address. When Information is needed, we will use our best efforts to let you know at the time of collectton how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the poltoies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or ttie privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. TTie goal of this technology is to better sen/e you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open publk: record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We vi^ll take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible n^nner. Seotrity We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption ofthe data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privai:^ Information (2001-2010 First American Financial Corporation) First American Title Insurance Company City 0^^ Carlsbad FaratJay Center Faraday Cashiering 001 1325101-2 09/18/2013 149 Wed, Sep 18, 2013 03:38 PM Receipt Ref Nbr; Rl326101-2/0042 PERMITS - PERMITS Tran Ref Nbr: 132610102 0042 0046 Trans/Rcpt#: R0097102 SET #: MSI30006 Amount: 1 8 $3,749.00 Item Subtotal: $3,749.00 Item Total: $3,749.00 PERMITS - PERMITS Tran Ref Nbr: 132610102 0042 0047 Trans/Rcpt#: R0097101 SET #; HDP13002 Amount; 1 fl $2,691.28 Item Subtotal: $2,691.28 Item Total: $2,691.28 2 ITEM(S) TOTAL: $6,440.28 Check (Chk# 001005) $6,427.50 Cash $20.00 Total Received: $6,447.50 CHANGE; $7.22 Have a nice day! **************CUST0MER COPY************* city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 0 08 Applicant: MCMENAMIN JIM Description MS130006 1811 OAK AV CBAD Amount 3,749.00 Receipt Number: R0097102 Transaction Date: 09/18/2013 Transaction ID: R0097102 Pay Type Method Description Amount Payment Check 3,749.00 Transaction Amount: 3,749.00 City of Carlsbad 16 3 5 Faraday Avenue Carlsbad CA 92008 Applicant: MCMENAMIN JIM Description HDP13002 1811 OAK AV CBAD Amount 2,691.28 Receipt Number: R0097101 Transaction Date: 09/18/2013 Transaction ID: R0097101 Pay Type Method Description Amount Payment Check 2,691.28 Transaction Amount: 2,691.28 ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. t^fifvTdryf^ r/3l//J APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE ^-j-.^N/iAc/ ^!!^s:d^0-'C DATE: 9m± n—7 RECEIVED BY DATE: p-21 n«ViMMl 07/10 <fCITY OF ^ CZi FILE ^CARLSBAD Community & Economic Development www.carisbadca.gov NOTICE OF REQUEST FOR A TENTATIVE PARCEL MAP ANP HILLSIDE DEVELOPMENT PERMIT Notice is hereby given that a tentative parcel map has been applied for to allow a Tentative Parcel Map and Hillside Development Permit on property located at 1811 Oak Avenue, Carlsbad, California and includes vacant land fronting on Canyon Street. This project proposes to subdivide an existing 1.03 acre parcel into four lots generally ranging between 9,500 to 11,200 square feet in lot area each. The existing single-family home is proposed to be removed. The Tentative Parcel Map and Hillside Development Permit are 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 administrative hearing to discuss the requested tentative parcel map, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days ofthe date ofthis notice. Ifyou have any questions, please call Chris Garcia in the Planning Division at 760-602-4622 or by email at Chris.Garcia(5)ca rlsbadca.gov. CASE NO.: MS 13-06/HDP 13-02 CASE NAME: OAK AVENUE DATE: December 5, 2013 CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax 09 3 THE MAP WAS PRB^ADED FOR ASSESSyen^ PUnreSES ONLT. NO LIABLtTY S ASSUMED FOR T»€ ACCUMCY OF THE DATA SHD*H ASSESSOR 3 PARCaS MAY NOT COMPLT WITH LOCAL SUBOMSON OR ButDHS OROWANCES. SAR DIEM cmn ASSESSOR'S HAP SK ISC P« 09 156-09 6/3/1998 JGRO •/ I SI -uBzl 5y I BH HB ^Hi HH mi HH IHI HH HI •H ••••1 IH HB •• 4- MAP 7682 - CARLSBAD TCT. NO. 72 -11 - LOT 61 SEC 32 - TllS-Rmi - POR LOT 7 156-21 r=ioo' i2naoio JGO CHANGES BLK OLD NEW YR CUT 711 / 6#<v a s»ss 2IZ /2 /3 u ill * \ Ml 73 strz. 211 * r</ SO SZ/4 2// 9-3S £3 ef2 //*9 ZIZ 7 89 fZ30 2/2 /a vt i fittZ rsji. 212 4 om k WOP 98 4764 212 9 23*24 01 1159 211 8 09 1200 212 14&15 2»-28 09 1326 212 26828 29 09 1583 212 29 30831 10 1619 212 30831 32 11 1542 RC SAN DCGO COUNTY ASSESSOR'S MAP BOOK 156 PAGE 21 MAP9621 -CARLSBAD TCT NO 77-7 TWP 1661 - CARLSBAD LANDS 2P1\ TCT 122 5^ MAP 565 - PATTERSON'S AOD 09 THS MAP WAS PREPARED FOR ASSSSMEHT PURPOSES ONLY. NO IIABIITY IS ASSUMED TOR T« ACCURACY OF THE DATA SHOWN ASSESSOR'S PARCELS MAT NOT CCNPLY WHH LOCAL SUBDMSON OR BUIDNG CROrMNCES CREST * DR. 2» ^3 a,V.rND/0 IN DOC 87- •>2S202 3* PA9.4 IS iV4 tASfMEKT FOR THE BENEFITCF PARS.i 1,283 AS AMENfED IN DOC87-5252021 ISl N I Ot 4«»7 77 © 3.09 AC. 156-22 . • ICO WILSON ST < Z Ijj D CD to / 4 -JO / / 4-24.04 IE SO COUNTY ASS£SSO«'S MAF BK 156 P3 22 CHANGES BLK OLD NEW YR CUT 6<) li/S ir^of 73 /7 73 6>0O /rf /a./9 73 srrra 3 77 fo mtrat SO saso ST.caa <« SAHB 83 S94/ 5 22-25 ei 2^53 >r/.^/ \ss /S/O 25 86 IB19 M 2& 3* «7 / 93 1 SAN DtEOO COUMTV ASKSSOirs HAP IRIS8 PG2B fVlAP 7682 - CARLSBAD TRACT NO 72 -11 LOTS 1-21 62 & 63 156-29 'J' I CHANGES I oDEnacEaccEa 990-33(33 /-yy 7f 1-39 m,.c». S39» f-3? 76 MAP 7682 - CARLSBAD TRACT NO 72 - LOTS 22 - 60 II SAN 0«60 COUNTY ASSESSOR'S MAP IKI56 K29 09 I 5 THIS MAP WAS PREPARED FOR«ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACYWLTHE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SbBDMSION OR BUILDING ORDINANCES. ® SAN D1E60 COUNTY ASSESSORS MAP BOOK 167 PQ 13 167-13 V'slOO* iai»10 DEP CHANGES BLK OLD NEW YR CUT 130 24 74 3813 41-44 11 1419 USE PAR 47 NEXT MAP 5311 - FALCON HILL UNIT NO 2 09 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 167-18 r=ioo' 1W15/10 DEP CHANGES BLK OLD NEW YR CUT 180 53 P029 73 280 31 841 KIL •TOP 11 1419 USE PAR 59 NEXT SAN DIEGO COUNTY ASSESSORS MAP BOOK 167 PG 18 MAP 5685 - FALCON HILL UNIT NO 4 MAP 5520 - FALCON HILL UNIT NO 3 09 > 167-29 THIS MAP WAS PRB>ARED FOR ASSBSMBIT PURPOSES ONLY. NO LIABLITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWH ASSESSOR'S PARCaS MAY NOT COMPLY WITH L(X>L SUGOMSON OR BULDK: ORDNANCES. !'= 100' CHANGES BLK OLD NEW YR CUT afo- ISO 1-3* rj M3L r SAN OIEOO COUNTY ASSESSOR'S MAP IK MAP 7506 CARLSBAD TRACT NO. 72- I 205 - 06 SAN OIEGO COUNTY ASSESSOR'S MAP BOOK 206 PG 06 / 1 -JAMES 64 O 7/13a010 JGD ICHANGESI S7 33^39 79 2306 /s 3oS4 /J ff 3238 its? *4/// «< e>7* S3 If //*» GcSim 9f Ht*3 ST /4-I& ti »7 /So 3 9/ leoa 2 312 /S50 foin 7^ 30 W 99 4749 6 77878 11 1019 CC cc MAP 12888 - CITY OF CARLSBAD TRACT 89 - 14 MAP 11599 - CARLSBAD TRACT NO 81 - 50 MAP 1661-CARLSBAD LANDS - POR TRACT 123 LS254, ROS 12076 205-08 09/08/2003 AU c HANGF:S OLD w CUT OSO 4? tt-r? 75 /•/ 3 7$-a/ /32Z 99 ntm 37 9/fn /l)t»7. Km 93 /636 26 STOP 98 4764 87Jc88 94 01 1373 [!f^iin?T!1f?1lgMI 48 KLL 06 1494 X r=ioo' MAP 12203-CARLSEAD TCT NO. 85-13 MAP 8072 - CARLSBAD TCT 74-8 MAP 5562 - BONITA VALLEY MAP 3899 - PARADISE ESTATES UNIT NO. 2 \ MAP 3691 - PARADISE ESTATES UNIT NO. 1 565.-PAnERS0N'S ADO ROS m05-A,13559 09 s 1 SAN DIEGO COUNIY ASSESSOR'S UAP 205 - 14 i 1- = 200' 2/19/2010 JGD CHA KK pwai vm O/TAB 140 i7 9/ 1934 SI THRUM w I4U w ua MAP 1681-THUM LANDS ROS 4414 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (^-jQj-\ (To be completed by City) Application Number(s): General Information 1. Name of project: Q^k Ave 2. Nameof developer or project sponsor: Zephyr Partners Address: 117050 Sorrento Valley Rd, #130 City, state. Zip Code: San Diego, CA 92121 Phone Number: 858.705.0242 3. Name of person to be contacted conceming this project: ^ilTI Mcmenamin Address: 117050 Sorrento Valley Rd, #130 City, state. Zip code: San Diego, CA 92121 Phone Number: 858.705.0242 Address of Project: 1811 Oak Ave Assessor's Parcel Number: 205-080-02-00 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Tentative Parcel Map and Hillside Development Permit 6. Existing General Plan Land Use Designation: R-1 7. Existing zoning district: 8. Existing land use(s): V^Cant 9. Proposed use of site (Project for which this form is filed): Residential Project Description Site size: '026 acres gross/0.96 acres net. 10. 11- . 12: Number of floors of construction: 2 Or leSS Proposed Building square footage: HaS not yet determined 13. Amount of off-street parking provided: _ 14. Associated projects: "^^^^ P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: Has not been determined yet. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: NA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: NA 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: NA p-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • H] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • 0 roads. 22. Change in pattern, scale or character of general area of project. • 0 23. Significant amounts of solid waste or litter. • 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. • 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. • 0 27. Site on filled land or on slope of 10 percent or more. 0 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 0 31. Relationship to a larger project or series of projects. 0 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including infonnation 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: p-1 (D) Page 4 of 4 Revised 07/10 32. The parcel is located at the terminus of Oak Avenue and Canyon Street and is approximately 0.96 acres. A single family house is located on-site and will be demoed as part of the proposed project. With the exception of the existing single family home, the lot is vacant and maintained. No sensitive onsite resources exist. The onsite, terrain is generally 10% sloping toward Canyon Street. 33. The prosed project fronts both Oak Avenue and Canyon Street. A single family home is existing onsite but the majority of the lot is maintained and vacant. No sensitive onsite biology exists. The surrounding neighborhood is 'low-medium residential' single family homes and the proposed project will match this use and intensity. Landmark Consulting 9555 Genesee Avenue, Suite 200. San Diego, CA 92121 Pli: (858) 587-8070 • Fax: (858) 587-8750 The project is located at the terminus of Oak Avenue and Canyon Street and is approximately 0.96 acres. A single family house is located on-site and will be demoed as part ofthe proposed project, but the majority of the site is maintained vacant land. The site is surrounded by residential development, has been regularly maintained and no sensitive onsite resources exist. The project proposes to subdivide an existing parcel into 4 lots via a tentative parcel map application and construct 4 single family homes for residential use. The project also proposes to vacate a portion of Oak Avenue in the application, reserve a 20' easement for an existing public water line and vacate a portion of Canyon Street. The proposed use and intensity ofthe project are consistent with the surrounding neighborhood. Furthermore, the proposed project meets all zoning requirements and ordinances; no variances, exceptions or waivers are requested with this application. Landmark Consulting 9555 Genesee Avenue, Suite 200, San Diego, CA 92121 Ph: (858) 587-8070 • Fax: (858) 587-8750 January 16, 2014 TO: Chris Garcia, Junior Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 3^'^ Review Oak Avenue, MS 13-06, HDP 13-02 Oak Avenue MELA file: 504 - Oak Avenue - Con3 Landscape Architect: GMP, Phone: (858) 558-8977 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Comments are based on revised pdf files received from the applicant on Januarv 14, 2014. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1-5 Completed. 6 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and maintenance plan) for the next submittal. 1A-2A Completed. NEW COMMENTS IB. Anigozanthos 'Bush Sunset' leaves may reach 3' in height. Please show and label the 25' sight line triangles at driveways and provide a substitute shrub that will grow no taller than 30" where located within the sight triangles. 2B. Please correct the square footage in the MAWA calculation and re-calculate the total MAWA. CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: MS 13-06/HDP 13-02 BUILDING ADDRESS: 1811 OAKAV PROJECT DESCRIPTION: DEVELOPMENT OF 4 SINGLE-FAMILY RESIDENTIAL PARCELS ASSESSOR'S PARCEL NUMBER: 205-080-02-00 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: Date: DENIAL Please see the attached report of deficiencies marked with S. 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: G.RYAN By: By: Date: Date: Date: 1.2.2014 ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 .» V REVIEW CHECKLIST SITE PLAN .j STi 2^'^81 3RD11 • • • 1. Access: • Provide fire access road in accordance with CMC 17.04.010. • Dead-End access. Dead-end streets, aisles and driveways in excess of 150 linear feet shall be constructed in such a manner that fire apparatus can maneuver to reverse direction on the road. Or must provide appropriately designed turn-around. • Fire Access Road surface. The surface of all fire department access routes shall be of an impervious "all-weather" surface material, designed to carry a minimum load of 75,000 pounds axel weight. • Alternative road surface. Alternative road surface materials such as turf block or grass crete may be approved by the Chief if; the applicant requests by letter for an approval of the use of Alternate Means and Materials and provide performance specifications and construction details which have been reviewed and certified by a licensed engineer. LANDSCAPE .j STi 2^^^ gROi • • • 1. Distance form structure or building to brush. • Indicate the distance from each structure to existing native vegetation or wildland area. • Rear yard set-backs. Provide dimensions from rear property line to structure • Fire control planting. Indicate how the proposed plan conforms to the City of Carlsbad Landscape Guidelines by depicting various fire control plantings or management zones which buffer structures from the hazards of undisturbed native vegetation. WATER METERS .| STffl 2^01 3RD1 • • • 4. You will be required to install a one inch (1") or greater water service and water meter. 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. <C CITY OF ^ CARLSBAD Memorandum December 31, 2013 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Subject: MS 13-06 OAK AVENUE 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 ofthis proposed subdivision, must be met prior to approval of a 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 forthe 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. 6. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative parcel map. 7. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. Fees/Agreements 12. Developer shall cause property owner to execute and submit to the city engineer for 1^^^ 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 15 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. 14. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 15. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map. 16. Developer shall pay or post security for park-in-lieu fees to the city prior to approval of the parcel map as required by Chapter 20.44 ofthe Carlsbad Municipal Code. 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 ofthe 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 bythe 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 water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. Page 2 of 15 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 ofthe 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 ofthe city engineer. Dedications/Improvements 43. Developer shall cause owner to submit to the city engineer for recordation covenant of easement for private sewer purposes as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. 43a. 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. 46. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public street & public utility purposes as shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map. 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 ofthe city engineer. 48. Developer shall design the private drainage systems, as shown on the tentative parcel map to the satisfaction ofthe city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 49. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.28.070 for public improvements shown on the tentative parcel map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: Page 3 of 15 A. Installation of curb, gutter, sidewalk, driveway approaches and street pavement and base on Oak Street and Canyon Street project frontage. Subject to the city engineer's discretion based on pavement conditions, either two inch cold mill with new asphalt concrete or a slurry seal coat shall extend between the street centerline of Oak Street and the new pavement. B. Installation of a new on-site concrete brow ditch and curb outlet to replace the existing off-site brow ditch that transfers drainage from Oak Avenue to Canyon Street. C. Installation of a new sewer main and related facilities In Canyon Street. D. Relocation of existing power pole in Oak Avenue. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 32. Prior to issuance of building permits or a 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. 50. Developer shall cause owner to either abandon on the parcel map the 30- foot width of public right-of-way between Oak Avenue and Canyon Street or process a street vacation by separate instrument, all as shown on the tentative parcel map. A 20-foot wide public drainage, utility and access easement shall be dedicated as shown on said map. 51. Developer shall accept the continued uninterrupted flow of drainage discharge from Lot 2 of map 12203 (1880 Canyon Place) to the subject property. Such acceptance of drainage shall be established by recording documentation, subject to the city engineer's approval, through the county recorder's office. 52. Developer shall cause owner to waive direct access rights on the parcel map from Parcel 1 to Oak Avenue. Non-Mapping Notes 59. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard subdivision improvement agreement and has posted security in accordance with c.m.c. section 20.28.070 to install public improvements shown on the tentative parcel map. These improvements Page 4 of 15 include, but are not limited to: i) installation of curb, gutter, sidewalk, driveway approaches and street pavement and base on Oak Street and Canyon Street project frontage. Subject to the city engineer's discretion based on pavement conditions, either two inch cold mill with new asphalt concrete or a slurry seal coat shall extend between the street centerline of Oak Street and the new pavement. ii) Installation of a new on-site concrete brow ditch and curb outlet to replace the existing off-site brow ditch that transfers drainage from Oak Avenue to Canyon Street. lii) Installation of a new sewer main and related facilities In Canyon Street. iv) Relocation of existing power pole in Oak Avenue. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: 1) 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. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. 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 ofthe 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. Page 5 of 15 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. The locations of said services shall be reflected on public improvement plans. 65. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 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. 67. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. 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. Page 6 of 15 'A <i0h CITY OF ^CARLSBAD Memorandum October 9, 2013 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Via: Jason Geldert, Senior Civil Engineer Re: MS 13-06/HDP 13-02 OAK AVENUE INCOMPLETE Land Development Engineering staff has completed a review ofthe above-referenced project for application completeness. The application and plans submitted for this proposed project are currently incomplete and unsuitable for further review due to the following incomplete items: 1. Complete the current Storm Water Standards Questionnaire. The questionnaire was revised in June 2013. The questionnaire submitted was the form no longer used by the city. The questionnaire can be printed from the following web link: http://www.carlsbadca.gov/business/building/Documents/E-34.pdf. I also attached a copy. The following issues need to be resolved prior to resubmittal: 2. Since either self-retaining areas or bioretenton areas are proposed when housing development occurs on the lots in the future by others, provide a letter of recommendation from the soils engineer addressing the proposal and any design parameters that must be incorporated to protect structures and slopes. 3. On the tentative parcel map, plot the easements identified in the title report under item 4 and 5 of schedule B, which includes easements described as Parcel B and C in the legal description. 4. Address the comments on the redlined tentative parcel map and landscape plans. 5. Address the comments in the attached redlined SWMP and drainage report. 6. Plot proposed driveways and proposed grade transition between the pad and street elevation. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov MS 13-06/HDP 13-02 October 9, 2013 Page 2 7. Plot water services and sewer laterals servicing each parcel. Gravity flow for sewer may be difficult to obtain for parcels 1, 3 and 4. For parcel 3, aligning the sewer along the south property line of parcel 2 in combination with the drainage easement may provide better flow from the right-of-way boundary to the sewer main. When designing the sewer laterals, keep in mind that per city standard S-7 the laterals must be a minimum of five feet deep at the property line. Provide pipe invert elevations to illustrate proper pipe depths and grades can be obtained. 8. Since grading is proposed within the unimproved existing street right-of-way extending between the cul-de-sacs, permission from the utility companies to encroach into any utility easements reserved from the proposed street vacation will be required prior to grading plan approval. I suggest that you contact any utility companies with facilities in the easement early in the process to obtain preliminary permission to grade over the facilities within their easement. If you or the applicant has any questions, please either see or contact me at 602-2781. DAVID RICK Associate Engineer Land Development Engineering Attachment: redlined landscape plans redlined tentative parcel map redlined SWMP redlined drainage report storm water standards questionnaire CITY OF CARLSBAD REVIEW AND COMMENT MEIVIO DATE: SEPTEMBER 19. 2013 PROJECT NO(S): MS 13-06/HDP 13-02 REVIEW NO: 1 PROJECT TITLE: OAK AVENUE APPLICANT: L M, CO./MARK BRENCICK TO: Land Development Engineering - David Rick • Public Works (Storm Drain) - Clayton Dobbs Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Jase Warner Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Mike Bliss • School District • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy-Land Management • Public Works Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) •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, bv 10/9/13. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 03/13 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: SEPTEMBER 19. 2013 PROJECT NO(S): MS 13-06/HDP 13-02 REVIEW NO: 1 PROJECTTITLE: OAK AVENUE APPUCANT: L M, CO./MARK BRENCICK TO: Land Development Engineering-David Rick • Public Works (Storm Drain) - Clayton Dobbs Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Jase Warner Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Mike Bliss • School District • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy-Land Management • Public Works Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) •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 10/9/13. If you have "No Comments," please so state. If vou 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: Signature Date PLANS ATTACHED Review & Comment 03/13 <#^^% CITY OF VCARLSBAD Community & Economic Development www.carlsbadca.gov January 28, 2014 Mark Brencick 9555 Genesee Avenue San Diego, CA 92121 SUBJECT: NOTICE OF RESTRiaiON - MS 13-06/HDP 13-02 -1811 OAK AVENUE Dear Applicant: 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 ofthe Tentative Parcel Map, MS 13-06, and Hillside Development Permit, HDP 13-02. Please ensure the following items are addressed prior to returning the Notice of Restriction: Correct Notary Acknowledgement Required (Effective Januarv 1, 2008. all Certificates of Acknowledgement used by a California notarv 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 w'lW not record the document if any portion of the Notary Seal is blurry or too light) y 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 ofthe 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, CED Senior Management Analyst . File Copy Planninq Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® «>CARLSBAD "LE OOPY Community & Economic Development www.carlsbadca.gov January 6, 2014 Mark Brencick 9555 Genesee Avenue San Diego, CA 92121 SUBJEa: MS 13-06 / HDP 13-02 - 1811 OAK AVENUE - CAUFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPUCABIUTY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA 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. Target Decision Date: 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 should be determined by February 21, 2014. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by February 7, 2014. 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. For additional information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Chris Garcia at 760-602-4622 or by email at Chris.Garcia@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:C6;fn 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 <%C,TVOF •FILE V (CARLSBAD Community & Economic Development www.carlsbadca.gov December 24, 2013 Mark Brencick 9555 Genesee Avenue San Diego, CA 92121 SUBJECT: 2ND REVIEW FOR MS 13-06/HDP 13-02 -1811 OAK AVENUE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Tentative Parcel Map and Hillside Development Permit, application nos. MS 13-06/HDP 13-02, as to its completeness for processing. The items requested from you earlier to make your Tentative Parcel Map and Hillside Development Permit, application nos. MS 13-06/HDP 13-02 complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date ofthis communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. At this time, the City asks that you provide three (3) complete sets ofthe development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, 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, DON NEU City Planner Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MS 13-06/HDP 13-02 - 1811 OAK AVENUE December 24, 2013 Page 2 DN:CG:sm c: Brad Termini, 117050 Sorrento Valley Road, Suite 130, San Diego, CA 92121 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry MS 13-06/HDP 13-02 - 1811 OAK AVENUE December 24, 2013 Page 3 ISSUES OF CONCERN Planning: 1. Please clearly label the lot widths of each lot. The lot width is the lineal distance of a line located at the 20' front yard setback and parallel to the front property line. In the case of a lot fronting on a curve, the front yard setback follows the curve ofthe street. 2. The side yard setbacks are 10% of the lot width with a maximum of 10' and the rear yard setbacks are 20% of the lot width with a maximum of 20'. Please correct the setbacks shown on the plans. 3. In order to provide a larger buildable area on Parcel 3, a side yard swap should be proposed for Parcel 3 pursuant to Carlsbad Municipal Code Section 21.10.070 which states: The width of one side yard may be reduced, subject to the following: (A) The opposite side yard shall be increased in width by an amount equal to the reduction or shall be a minimum often feet in width, whichever is greater; (B) The reduced side yard shall not be less than five feet in width nor shall it abut a lot or parcel of land with an adjacent reduced side yard; 4. Although not required, you may want to keep the pad elevation difference from parcel to parcel under 15' in height. In the future, this will avoid the requirement to comply with the Hillside Development Ordinance due to the 15' threshold for development on slopes over 40%. 5. Please correct the project number to read MS 13-06 instead of 13-26. 6. Please update and include the four sheets that relate to the Hillside Development permit (slope analysis, constraints map, cross sections and cut and fill) with the next submittal. The Planning Division will need three (3) complete sets of plans. 7. The stopes over 40% for this project can be counted for density. However, only 50% of the slopes 25-40% can be counted for density. Therefore, the density calculation chart should be as follows: 44,671.50 gross project area (make sure that this includes the area proposed to be gained by the Oak Street vacation). Subtract 50% of slopes 25-40% which is 2,352 square feet. This will give you 42,319.5 or .97 acre. Density proposed is 4.12. This is slightly over the RLM permitted range (0-4 dwelling units per acre), however up to 5 units per acre may be permitted based upon the following General Plan Land Use Element policy that states: "a) the project is compatible with the objectives, policies, general land uses and programs expressed herein, b) all of the necessary infrastructure is in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%." Engineering: 1. Please address the redlined comments on the attached tentative parcel map and return the redlined map and two copies ofthe corrected map to the Planning Division. MS 13-06/HDP 13-02 - 1811 OAK AVENUE December 24, 2013 Page 4 Landscaping: 1. Please see the attached redline plans and comments. Please also make sure that the landscape plans are consistent with the latest plan. Also, please remove the trees from the intervening slope on lot X where a split level home will be constructed. The landscape plans should be returned to the Planning Division along with all other sheets for MS 13-06/HDP 13-02. NDMARK C ONSU LT ING Planning Engineering Surveying December 4, 2013 City of Carlsbad 1635 Faraday Ave Carlsbad, Ca 92008 RE: RESUBMITTAL CDP 13-06 - Oak Avenue Attached are 5 sets of revised plans for The Oak Ave Subdivision per your request. The City comment letter addressed the submittal in 2 sections; 'ITEMS NEEDED TO COMPLETE THE APPLICATION & 'ISSUES OF CONCERN. The following is how we addressed the comments: Under "ITEMS NEEDED TO COMPLETE THE APPLICATION" 1. Form E-34 is included in this application package and has been reviewed and approved by David Rick. Under "ISSUES OF CONCERN" Planning: 1. The Gross project area has been updated 2. Both project numbers are included at the top right hand corner of the sheet. 3. The density note has been changed and the project calculations are as follows: DENSITi' CALCULATIONS (Including ROW Dedication Gross Project Area (including future ROW dedication) 44,671.50 Subtract 50% of areas 25%-40% (4704 SF) 2352 Subtract areas 40%+ (2125 SF) 2125 Project Area for Density Purposes 40,194.50 Density (4 DU/AC) 3.69 4. Lot widths have been labeled. 5. Lot 3 has been updated to have a minimum lot width of 60' measured at the ROW. 6. The setbacks have been updated. 9555 Ocncsee Avenue, Suite 200, San Dicgo C.\ 92121 Ph: (8?8) 587-8070 • l-ax: (<S58) 587-8750 RESUBMITTAL CDP 13-02- OAK AVE SUBDIVSION 7. As discussed In the project meeting on the City comments, the proposed house will be a split level unit with the garage fronting the street and a second floor stepping down the slope. 8. The name: Canyon Road has been changed to Canyon Street on all sheets. Engineering: 1. See attached updated soils report which discusses the low expansiveness of the existing soils which make the site suitable for onsite treatment. Furthermore the included report discusses remedial grading recommendations, design parameters for cut/fill slope construction, and recommendations for foundation design. 2. The easements as described in the legal description have been determined to be offsite, see attached assessor's parcel map depicting the location. 3. Noted. 4. Noted and included in submittal. 5. Shown on plans, lot 3 will be a split level unit with the garage (access) on the upper pad. 6. Water and sewer services are shown on lots 1 through 3; however lot 4 will utilize the existing water and sewer services. Parcels 1 and 3 will use concrete protection (per SDCRSD SP-03) due to substandard lateral cover. 7. Noted. Landscape: 1. Noted. Thanks for your consideration and let me know if you have any questions on this submittal. Sincerely, Mellor Landy, PE Project Manager ENCL: REVISED PLAN SET; (5) COPIES l.inhimurk ('orisitlUiig 9555 Ocncsee Avcimc, Seme 500, San Diego, CA 9}I2I Ph: (8581 587-8070 • Pax: CHSSi 587-8750 %ARLSBAD COPY Community & Economic Development www.carlsbadca.gov October 15, 2013 Mark Brencick c/o Landmark Consulting 9555 Genesee Avenue Suite 200 San Diego, CA 92121 SUBJECT: 1ST REVIEW FOR MS 13-06/HDP 13-02 - OAK AVENUE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Tentative Parcel Map and Hillside Development Permit, application nos. MS 13-06/HDP 13-02, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submlttal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all Identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, September 18, 2013, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal ofthe application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, 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:fn c: Brad Termini, c/o 117050 Sorrento Valley Rd, Suite 130, San Diego, CA 92121 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 13-06/HDP 13-02 - OAK AVENUE If^^to^ef If, 2013 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Engineering: 1. Complete the current Storm Water Standards Questionnaire. The questionnaire was revised in June 2013. The questionnaire submitted was the form no longer used by the city. The questionnaire can be printed from the following web link: http://www.carlsbadca.eov/business/building/Documents/E-34.pdf. I also attached a copy. ISSUES OF CONCERN Planning: 1. The gross project area is listed as 1.026 acres. However, the disturbed project area is listed at 1.092 acres (with 0 acres of undisturbed). Please confirm the gross project area. The gross project area should include all land prior to dedication as well as land proposed to be gained by vacating a portion of Canyon Street. 2. Please put both project numbers at the top right corner ofthe plans (MS 13-06, HDP 13-02). 3. Please remove the "density allowed" and revise the net density calculation. The calculation should include the gross project area including land proposed for dedication and land gained from street vacation. However, only 50% of natural slopes between 25% and 40% can be counted for density and no natural slopes over 40% can be counted. 4. Please clearly label the lot widths of each lot. The lot width is the lineal distance of a line located at the 20' front yard setback and parallel to the front property line. 5. Lot 3 does not have the required minimum lot width of 60' measured as described above. Please revise the proposed lot lines to comply with the minimum lot width. 6. The side yard setbacks are 10% of the lot width with a maximum of 10' and the rear yard setbacks are 20% of the lot width with a maximum of 20'. Please correct the setbacks shown on the plans. 7. No access to the lower part of Lot 3 is shown. A two-car garage at least 20' by 20' interior dimension is required for each lot. A two-car garage will not fit on the upper portion of Lot 3 outside ofthe required setbacks. In addition, the conceptual landscape plan shows landscaping proposed for the slope between the upper and lower portions of Lot 3. Please clarify how access will be provided to the lower part of Lot 3. 8. Please correct the name of Canyon Road to be Canyon Street on all sheets. Engineering: 1. Since either self-retaining areas or bioretention areas are proposed when housing development occurs on the lots in the future by others, provide a letter of recommendation from the soils MS 13-06/HDP 13-02 - OAK AVENUE October 15, 2013 Page 3 engineer addressing the proposal and any design parameters that must be incorporated to protect structures and slopes. 2. On the tentative parcel map, plot the easements identified in the title report under item 4 and 5 of schedule B, which includes easements described as Parcel B and C in the legal description. 3. Address the comments on the redlined tentative parcel map and landscape plans. 4. Address the comments in the attached redlined SWMP and drainage report. 5. Plot proposed driveways and proposed grade transition between the pad and street elevation. 6. Plot water services and sewer laterals servicing each parcel. Gravity flow for sewer may be difficult to obtain for parcels 1, 3 and 4. For parcel 3, aligning the sewer along the south property line of parcel 2 in combination with the drainage easement may provide better flow from the right-of-way boundary to the sewer main. When designing the sewer laterals, keep in mind that per city standard S-7 the laterals must be a minimum of five feet deep at the property line. Provide pipe invert elevations to illustrate proper pipe depths and grades can be obtained. 7. Since grading is proposed within the unimproved existing street right-of-way extending between the cul-de-sacs, permission from the utility companies to encroach into any utility easements reserved from the proposed street vacation will be required prior to grading plan approval. 1 suggest that you contact any utility companies with facilities in the easement early in the process to obtain preliminary permission to grade over the facilities within their easement. Landscaping: 1. Please see the attached memo and redlined plans.