HomeMy WebLinkAboutMS 2017-0002; YADA TENTATIVE PARCEL MAP; Minor Subdivision (MS)C City of LAND USE REVIEW Development Services
Planning Division
Carlsbad APPLICATION 1635 Faraday Avenue
P-1 iflpatir (760) 602-4610
w.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
0 Coastal Development Permit 0 Minor 0 General Plan Amendment
0 Conditional Use Permit
0 Minor El Local Coastal Program Amendment0Extension
O Day Care (Large)0 Master Plan 0 Amendment
O Environmental Impact Assessment El Specific Plan 0 Amendment
Habitat Management Permit 0 Minor 0 Zone Change
0 Hillside Development Permit El Minor 0 Zone Code Amendment
0 Nonconforming Construction Permit South Carlsbad Coastal Review Area
Permits
O Planned Development Permit 0 Minor 0 Review Permit
El Residential D Non-Residential 0 Administrative 0 Minor 0 Major
O Planning Commission Determination
O Reasonable Accommodation Village Review Area Permits
El Site Development Plan 0 Minor 0 Review Permit
0 Special Use Permit 0 Administrative 0 Minor 0 Major
Tentative Parcel Map (Minor Subdivision)RSZCit 1 0002_
0 Tentative Tract Map (Major Subdivision)
O Variance 0 Minor
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*.PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S):156-220-01-00
LOCATION OF PROJECT:1835 Buena Vista Way, Carlsbad CA
(STREET ADDRESS)
NAME OF PROJECT:Yada Tentative Parcel Map
BRIEF DESCRIPTION OF
PROJECT:Two (2) lot tentative parcel map, no grading proposed
PROJECT VALUE
(SITE IMPROVEMENTS)N/A ESTIMATED COMPLETION DATE 2017
FOR CITY USE ONLY
Development No.120/ 201:1 a390 Lead Case No.
P-1 Page 1 of 6 Revised 03/17
•
OWNER NAME (PLEASE PRINT)APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME Yada FamilyTrust INDIVIDUAL NAME James Yada(if applicable):(if applicable):
COMPANY NAME N/A COMPANY NAME N/A(if applicable):(if applicable):
MAILING ADDRESS:1835 Buena Vista Way MAILING ADDRESS:31 Rolling Green
CITY, STATE, ZIP:Carlsbad, CA 92008 CITY, STATE, ZIP:Irvine, CA 92620
TELEPHONE:949-892-0125 TELEPHONE:949-892-0125
EMAIL ADDRESS:jyada@parker.com EMAIL ADDRESS:jyada@parker.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION.
513/2c.)(7 5/31.2c)(7SIGNA10(fk DA E SIGN DATE
APPLICANT'S REPRESENTATIVE (Print):Rod Bradley, BHA, Inc.
MAILING ADDRESS:5115 Avenida Encinas, Suite L
CITY, STATE, ZIP:Carlsbad, CA 92008
TELEPHONE:760-931-8700 x225
EMAIL ADDRESS:rbradley@bhaincsd.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AN B THAT Al L THE ABOVE
INFORMATION IS TRUE A •CT TO THE BEST OF MY
KNOWLEDGE.
."./7
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.I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
PROPWN GNATURE
FOR CITY USE ONLY
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page 2 of 6 Revised 03/17
IMIIMMftriamoairam.
4••
Development Services
City of DISCLOSURE STATEMENT Planning Division
Carlsbad P-1(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal.Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE,LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 10%of the
shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE
INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
corporation,include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
6.11 Person Jim Yada aarviez YaAa Corp/Part
37
-rkTrustee 4—the-012A witty -Tyto-r-Title
Address 31 Rolling Green, Irvine 92620 Address
2.OWNER (Not the owner's agent)
Provide the COMPLETE.LEGAL names and addresses of ALL persons having any
ownership interest in the property involved.Also,provide the nature of the legal
ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORE
THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE
SPACE BELOW.If a publicly-owned corporation,include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
Person Yada Family Trust Corp/Part
Title N/A Title
Address 1835 Buena Vista Way Address
Carlsbad, CA 92008
P-1(A)Page 1 of 2 Revised 07/10
3.NON-PROFIT ORGANIZATION OR TRUST
If any n identified pursuant to (1) or (2) above is a nonprofit or ani 'or a trust,
list the names dresses of ANY person serving as an offs irector of the non-
profit organization or as or beneficiary of the.
Non Profit/Trust n 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?
nYes F7 No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
3 icA 51512c)t 7
Signat caner/Si atur -of aplicaAt/date
Yada Family Trustm, James Yada James Yada
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Rod Bradley
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
C •PROJECT DESCRIPTION Development ServicesCity of Planning Division
Carlsbad P -1 (B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:Yada Tentative Parcel Map
APPLICANT NAME:James Yada
Please describe fully the proposed project by application type.Include any details necessary to
adequately explain the scope and/or operation of the proposed project.You may also include
any background information and supporting statements regarding the reasons for,or
appropriateness of, the application.Use an addendum sheet if necessary.
Description/Explanation:
The property address is 1835 Buena Vista Way and fronts on Buena Vista Way on the north
and McCauley Lane on the south and Valley Street on the west in the City of Carlsbad.The
subject property is 4.57 acres in size and has a topographic gradient of approximately,8%
sloping from east to west.Currently, the property is vacant but was previously farmed, and
covered 100 percent of the property with the exception of a single family residence located at
1835 Buena Vista Way.This residence is currently proposed to remain on the property.
The Yada Family has an approved Tentative Map (CT 15-11)that they will be selling.
However, they need to split off the existing residence via a Tentative Parcel Map/Parcel
Map in order to complete a sale of the remainder of the property.
Surrounding land use is comprised of single family residential to the north, west and south and
a single family home/palm nursery to the east.
The project meets all zoning and General Plan Requirements.
P-1(B)Page 1 of 1 Revised 07/10
INIMMINNININIMMION 01101.1111...
•
HAZARDOUS WASTE Development Services
City of AND SUBSTANCES Planning Division
Carlsbad STATEMENT 1635 Faraday Avenue
(760) 602-4610P-1(C)www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
1=1 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.
[1]The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name:James Yada Name:Yada Family Trust
Address:31 Rolling Green Address:1835 Buena Vista Way
Irvine, CA 92620 Carlsbad, CA 92008
Phone Number:949-892-0125 Phone Number:N/A
Address of Site:1835 Buena Vista Way
Local Agency (City and County):City of Carlsbad
Assessor's book, page, and parcel number:156-220-01-00
Specify list(s):N/A
Regulatory Identification Number:N/A
Date of List:N/A
6131.17 5I3lic)17
Applica •Sign -u -14 Pr. serty 0 n -Sign. ure/Date
The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C)Page 1 of 2 Revised 02/13
•••••1
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:May t 2.017 (To be completed by City)
Application Number(s):MS 2o1 1 -0002-(1)EV 2017 -009 0.)
General Information
1.Name of project:Yada Tentative Parcel Map
2.Name of developer or project sponsor:Jim Yada
Address:1835 Buena Vista Way
City, State, Zip Code:Carlsbad, CA 92008
Phone Number:949-892-0125
3.Name of person to be contacted concerning this project:Rod Bradley, BHA, Inc.
Address:5115 Avenida Encinas, Suite L
City, State, Zip Code:Carlsbad, CA 92008
Phone Number:760-931 -8700
4.Address of Project:1835 Buena Vista Way, Carlsbad, CA 92008
Assessor's Parcel Number:156-220-01
5.List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Tentative Parcel Map, Final Map, Grading Permit, Stormwater
6.Existing General Plan Land Use Designation:RLM
7.Existing zoning district:R-1 9,500 SF
S8.Existing land use(s):Single Family HomeNacant
9.Proposed use of site (Project for which this form is filed):One (1) existing home and a
3.5 AC vacant parcel.
Project Description
10.Site size:4.57 AC
11.Proposed Building square footage:Unknown
12:Number of floors of construction:Two (2)
13.Amount of off-street parking provided:Two (2) car garage (min.)
14.Associated projects:CT 15-11
P-1(0)Page 2 of 4 Revised 07/10
15.If residential, include the number of units and schedule of unit sizes:There will be one (1) lot
0.299 AC existing house and one (1) vacant lot.
16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17.If industrial, indicate type, estimated employment per shift, and loading facilities:
N/A
18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19.If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
N/A
P-1(D)Page 3 of 4 Revised 07/10
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
alteration of ground contours.
21.Change in scenic views or vistas from existing residential areas or public lands or I =1
roads.
22.Change in pattern, scale or character of general area of project.1:1
23.Significant amounts of solid waste or litter.1:1
24.Change in dust, ash, smoke, fumes or odors in vicinity.
25.Change in ocean,bay,lake,stream or ground water quality or quantity,or
alteration of existing drainage patterns.
26.Substantial change in existing noise or vibration levels in the vicinity.
27.Site on filled land or on slope of 10 percent or more.El
28.Use of disposal of potentially hazardous materials,such as toxic substances,
flammables or explosives.
29.Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31.Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
32.Describe the project site as it exists before the project, including information on topography, soil
stability,plants and animals, and any cultural, historical or scenic aspects.Describe any existing
structures on the site, and the use of the structures.Attach photographs of the site.Snapshots
or Polaroid photos will be accepted.
33.Describe the surrounding properties,including information on plants and animals and any
cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
i hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date:Signature:
For:
P-1(D)Page -.4 Revised 07/10
ENVIRONMENTAL SETTING
32.The subject property is 4.5 acres in size and has been farmed over the past twenty years.
The property is gently sloping at an 8% grade from east to west.The property is currently
vacant with remnants of old green houses on site.A newer single family home exists on
the most north/easterly corner of the property, and will remain.
33.Buena Vista Way, Valley Street and McCauley Street border the property on the north,
west and south sides.Existing single family subdivisions surround the property and are
served by Buena Vista Way, Valley Street and McCauley Street.
The property to the east has an approved Tentative Subdivision Map CT 14-04, City of
Carlsbad (APN 156-220-02) and has an existing single family home and green houses.
TIME LIMITS ON Development Services
City of DISCRETIONARY Planning Division
Carlsbad PROJECTS 1635 Faraday Avenue
(760) 602-4610P-1(E)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.
Applicant Signature:(it"tfy 37.1.1es I4 -5/2) / ta17.
Staff Signature:01-6)4 --
Date:51312c>11
To be stapled with receipt to the application
P-1(E)Page 1 of 1 Revised 07110
TENTATIVE PARCEL M):?)Development Services
City of WAIVER OF PROCESSING Planning Division
Carlsbad TIME LIMITS 1635 Faraday Avenue
760-602-4610P-1 (F)www.carlsbadca.gov
Proposed Minor Subdivision No.:MS 2.011 -0002 (Ze\/2017 -oc6
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.
Yada Family Trust, James Yada Signer is (check one):
.14 111 OAMES 14.K. `OVA 5 /3 17.0 Z‘410 Property Owner ZApplicant
'fna re Print Name Date
CA-WOME
Si_ger is (check one):
3-1WES "(AVA-G1512 erProperty Owner EjApplicantSigna0/44 Print Name Date
P-1(F)Rev. 04/13
TE ATIVE PARCEL MAP TENArti"
NOTIFICATION STATEMENT Development ServicesCCity of (Statement of Compliance with Planning Division
Carlsbad Subdivision Map Act Sect. 66427.1)
P-1 (G)
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
Proposed Minor Subdivision No.:MSZOil -0020 CCe\I 701—CCAO)
I hereby certify that I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all
notifications to the tenants required therein.
Yada Family Trust, James Yada 5/27 t
Signatu Print Name Date
EProperty Owner EApplicant
Signature Print Name Date
['Property Owner ['Applicant
Subdivision Map Act Section 66427.1
(a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real
property into a condominium project,a community apartment project, or a stock cooperative project, unless it finds as follows:
(1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person
applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and
rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451).
(2)Each of the tenants of the proposed condominium,community apartment project,or stock cooperative project has
received or will receive each of the following notices:
(A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a
tentative map pursuant to Section 66452.
(B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of
Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the
report will be available on request.
(C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice
shall be provided within five days after the date that the subdivider receives the public report from the Department of Real
Estate.
(D) Written notification within 10 days after approval of a final map for the proposed conversion.
(E)One hundred eighty days' written notice of intention to convert,provided prior to termination of tenancy due to the
conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative
map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the
parties in performance of their covenants,including,but not limited to,the provision of services,payment of rent,or the
obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions
that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase
shall commence on the date the subdivision public report is issued,as provided in Section 11018.2 of the Business and
Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her
intention not to exercise the right.
(b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed
satisfied if those notices comply with the legal requirements for service by mail.
(c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or
city and county to approve or disapprove condominium projects.
(d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices
regarding the conversion of residential real property into a condominium project,a community apartment project, or a stock
cooperative project shall be issued in that language.
P-1(G)Page 1 of 1 Revised 11/12
STORM WATER STANDARDS Development Services
4(City of QUESTIONNAIRE Land Development Engineering
Carlsbad E-34
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects,the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits).The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project.Depending on the
outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City
staff has responsibility for making the final assessment after submission of the development application.If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete.In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application.Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION •
PROJECT NAME:Yada Tentative Parcel Map PROJECT ID:
ADDRESS:1835 Buena Vista Way APN:156-220-01 -00
The project is (check one):0 New Development 0 Redevelopment N/A -See step 1.
The total proposed disturbed area is:ft2 ()acres N/A -See step 1.
The total proposed newly created and/or replaced impervious area is:ft2 ()acres N/A -See step 1.
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP #:
Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
leiw
e "4'
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5,mark the third box stating "my
project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
There is no grading or improvement being proposed.Proposed project is being subdivided into two
lots to sell Lot 2.
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP 2
TO BE COMPLETED FOR ALL DEVELOPMENT. PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas;Elb)Designed and constructed to be hydraulically disconnected from paved streets or roads;
c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in riaccordance with the USEPA Green Streets guidance?
3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual?
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark
the second box stating "my project is EXEMPT from PDP ..." and complete applicant information.
Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, yourproject is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
011111111111111111111111111
/MN
f0 BEC
%hod
RALL•4 R.REDEV 0 ••':-.•-•--
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,CI
and public development projects on public or private land.
2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or El Elmore of impervious surface?This includes commercial,industrial, residential,mixed-use,and public
development projects on public or private land.
3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and El
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project?A hillside El El
development project includes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is El Elalandareaor facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street,road,highway,freeway or driveway surface collectively over the entire project El Elsite?A street,road,highway,freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site,and discharges directly to an Environmentally
Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of El El
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop?An automotive repair Elshop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541,7532-7534, or 7536-7539.
9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes 0 0RGO's that meet the following criteria: (a) 5,000 square feet or more or (b)a project Average Daily
Traffic (ADT)of 100 or more vehicles per day.
10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?El
11.Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%?(CMC El
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment
project, go to step 4.If your project is a new project, go to step 5,check the first box stating "My project is a PDP ..."
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5, check the
second box stating "My project is a 'STANDARD PROJECT'..." and complete applicant information.
E-34 Page 3 of 4 REV 04/17
-3
STEP 4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50%of the surface area of the previously existing development?Complete the percent
impervious calculation below:
Existing impervious area (A)=sq. ft.0 0
Total proposed newly created or replaced impervious area (B) =sq. ft.
Percent impervious area created or replaced (B/A)*100 =
If you answered "yes",the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development.Go to step 5, check the first box stating "My project is a PDP ..." and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5,check the
check the first box stating "My project is a PDP ..." and complete applicant information.
STEP 5
CHECK THE APPROPRIATE BOX AND. COMPLETE APPLICANT INFORMATION
0 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note:For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
0My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
CAD -
Applicant Name:James Yada Applicant Title:Trustee
Applicant Signature:Date:51`b11.4CD (7
NIC4_11111Faj"t5
Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994)and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for City Use Only
YES NO
City Concurrence:
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 04/17
Immo
CLTA Preliminary Report Form Order Number:DTR-5450174 (06)
(Rev. 11/06)Page Number:1
.*
First American Title
First American Title Company
4380 La Jolla Village Dr, Suite 200
San Diego,CA 92122
Customer Reference:Yada Carlsbad property
Order Number:DTR-5450174 (06)
Title Officer:Dianne Livingston
Phone:(858)410-1303
Fax No.:(714)913-6750
E-Mail:dslivingston@firstam.com
Escrow Officer:Sheri Keene
Phone:(858)410-1305
Fax No.:(866)898-0113
E-Mail:skeene@firstam.com
Buyer:
Property:1835 Buena Vista Way
Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitratedat the option ofeither the Company or the Insured as the exclusive remedy ofthe
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofa policy of title
insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a
Binder or Commitment should be requested.
First American Title
Order Number:DTR-5450174 (06)
Page Number:2
Dated as of May 03, 2017 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
ITSUKO YADA AND JAMES K. YADA, AS SUCCESSOR CO-TRUSTEES OF THE YADA FAMILY
TRUST DATED MARCH 12,1990, AN UNDIVIDED 54.3% INTEREST AND ITSUKO YADA AND
JAMES K. YADA, AS CO-TRUSTEES OF THE YADA FAMILY DISCLAIMER TRUST U/T/D MARCH 12,
1990, AN UNDIVIDED 45.7% INTEREST
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.General and special taxes and assessments for the fiscal year 2017-2018,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.Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions
shown or disclosed by the filed or recorded map referred to in the legal description including but
not limited to: road and incidental purposes affecting said land.
4.An easement for water pipe line and incidental purposes, recorded July 13,1954 in Book 5297,
Page 449 of Official Records.
In Favor of:Travis Flippen and Lorraine L.Flippen, husband and wife as joint
tenants
Affects:As described therein
5.The terms and provisions contained in the document entitled "Contract for Future Public
Improvements" recorded April 2,1990 as Instrument No. 90-175086 of Official Records.
First American Title
Nowiiimm
to..„
'.4•60"
Order Number:DTR-5450174 (06)
Page Number:3
6.An easement for privilege and right to extend drainage structures and excavation and
embankment slopes and incidental purposes, recorded June 4,1990 as Instrument No. 90-
301340 of Official Records.
In Favor of:City of Carlsbad,a municipal corporation
Affects:As described therein
7.Rights of the public in and to that portion of the land lying within any Road, Street, Alley or
Highway.
8.Water rights, claims or title to water, whether or not shown by the public records.
9.Rights of parties in possession.
10.Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C.
§§181 et seq.) or under similar state laws.
Prior to the issuance of any policy of title insurance, the Company will require:
11.With respect to the trust referred to in the vesting:
a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory
to the Company.
b. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
c. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
First American Title
rensaimmarmormimil
Order Number:DTR-5450174 (06)
Page Number:4
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1.General and special taxes and assessments for the fiscal year 2016-2017.
First Installment:$3,161.88, PAID
Penalty:$0.00
Second Installment:$3,161.88, PAID
Penalty:$0.00
Tax Rate Area:09000
A.P.No.:156-220-01-00
2.According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Commercial Structure known as 1835 Buena Vista
Way, Carlsbad, California.
3.According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
4.We find no open deeds of trust. Escrow please confirm before closing.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
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%%No'
Order Number:DTR-5450174 (06)
Page Number:5
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
THAT PORTION OF LOT 30 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO.565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 22,1888, AND OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO UNITED STATES GOVERNMENT SURVEY,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF VALLEY STREET, DISTANT THEREON NORTH
34° 33' 00" WEST 528.52 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF VALLEY
STREET WITH THE CENTER LINE OF OAK AVENUE; THENCE NORTH 34° 33' 00" WEST ALONG
SAID CENTER LINE OF VALLEY STREET 657.07 FEET TO INTERSECTION WITH THE SOUTHERLY
LINE OF SAID SECTION 31; THENCE ALONG SAID SOUTHERLY LINE NORTH 89° 07' 00" WEST,
47.31 FEET TO THE MOST WESTERLY CORNER OF THE TRACT OF THE LAND CONVEYED BY
ROSWELL H. WILSON TO SOUTH COAST LAND COMPANY BY DEED DATED NOVEMBER 1,1923
AND RECORDED IN BOOK 976,PAGE 435 OF DEEDS,RECORDS OF SAN DIEGO COUNTY;
THENCE NORTH 54° 13' 30" EAST ALONG THE NORTHWESTERLY LINE OF THE LAND SO
CONVEYED TO SAID SOUTH COAST LAND COMPANY, 759.75 FEET TO THE MOST NORTHERLY
CORNER THEREOF; THENCE SOUTH 35° 29' 00" EAST ALONG THE NORTHEASTERLY LINE OF
THE LAND SO CONVEYED TO SAID SOUTH COAST LAND COMPANY, 563.12 FEET TO THE SAID
SOUTHERLY LINE OF SECTION 31; THENCE SOUTH 89° 07' 00" EAST ALONG SAID SOUTHERLY
LINE 176.33 FEET TO INTERSECTION WITH THE CENTER LINE OF CANNON STREET; THENCE
SOUTH 19° 26' 00"EAST ALONG SAID CENTER LINE, 36.81 FEET, MORE OR LESS, TO
INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE SAID CENTER LINE OF OAK AVENUE
THROUGH THE POINT OF BEGINNING; THENCE SOUTH 55° 27' 00" WEST ALONG SAID
PARALLEL LINE, 864.32 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHEASTERLY 300.00 FEET.
ALSO EXCEPTING THEREFROM THE SOUTHEASTERLY 223.03 FEET.
APN:156-220-01-00
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•
Order Number:DTR-5450174 (06)
Page Number:7
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
First American Title
•
Order Number:DTR-5450174 (06)
Page Number:8
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA STANDARD COVERAGE POLICY —1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of:
1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3.Defects, liens, encumbrances, adverse claims or other matters:
(a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy; or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in
which the land is situated.
5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6.Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public, records.
2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3.Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
First American Title
Order Number:DTR-5450174 (06)
Page Number:9
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B,You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a.building;
b.zoning;
c.land use;
d.improvements on the Land;
e.land division; and
f.environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19, 20, 23 or 27.
2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3.The right to take the Land by condemning it. This Exdusion does not limit the coverage described in Covered Risk 17.
4.Risks:
a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c.that result in no loss to You; or
d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5.Failure to pay value for Your Title.
6.Lack of a right:
a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b.in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16,18,19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16:1% of Policy Amount Shown in Schedule A or $2,500 $10,000
(whichever is less)
Covered Risk 18:1% of Policy Amount Shown in Schedule A or $5,000 $25,000
(whichever is less)
Covered Risk 19:1% of Policy Amount Shown in Schedule A or $5,000 $25,000
(whichever is less)
Covered Risk 21:1% of Policy Amount Shown in Schedule A or $2,500 $5,000
(whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
First American Title
..
lkNovo
Order Number:DTR-5450174 (06)
Page Number:10
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage,is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B -Part II,[t[or 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 I
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
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 II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures
against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
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Order Number:DTR-5450174 (06)
Page Number:11
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 govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A,is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason
of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
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.
7.[Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
First American Title
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or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16,17,18,19,20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
First American Title
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*First American Title
Privacy InformationWe 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.
Applicability
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 from other urce,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 personalobtainedinformationany regardlessso of itssuch source.
First American calls these 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 receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except:(1) as necessary for us to provide the product or service you have requested of us; or (2)as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,such as title 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 the 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 longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that 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 itis 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 the
domain names,not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits,average time spent on the 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, however, 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
collection 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.Ifyou choose to share any personal information with us, we will only use it in accordance with the policies 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 the 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. The goal of this technology is to better serve 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 public 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 will 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 manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY (9/1/10)Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
„.11/111/01/111111.111111
INVOICE (00008564)
BILLING CONTACT
JIM YADA City of Carlsbad City of1835 Buena Vista Way
Carlsbad, Ca 92008-1543 1635 Faraday Avenue
Carlsbad, CA 92008-7314 Carlsbad
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00008564 05/16/2017 05/16/2017 Due NONE
REFERENCE NUMBER FEE NAME TOTAL
MS2017-0002 POSTAGE (ALL)$22.05
TENTATIVE PARCEL MAP (PLN) (Minor Subdivision)$3,945.00
1835 Buena Vista Way Carlsbad, CA 92008-1543 SUB TOTAL $3,967.05
TOTAL $3,967.05
1111111111111113 Hill Hill IIIII 111111111111111
May 16, 2017 9:06 am Page 1 of 1
_--------
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1713601 -2 05/16/2017 149
Tue,May 16,2017 09:08 AM
Receipt Ref Nbr:R1713601 -2/0007
ENERGOV -ENERGOV
Tran Ref Nbr:171360102 0007 0007
Trans/Rcpt#:00008564
SET #:00008564
Amount:1 @ $3,967.05
Item Subtotal:$3,967.05
Item Total:$3,967.05
1 ITEM(S)TOTAL:$3,967.05
Check (Chk#0116)$139.49
Check (Chk#4342)$3,827.56
Total Received:$3,967.05
Have a nice day!
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