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HomeMy WebLinkAboutPCD 10-02; 1369 Magnolia Avenue Parcel Map; Planning Commission Determination (PCD)CARLSBAD O F LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) ^^r Development Permits I I Administrative Pennit [/] Coastal Development Pennit (*) ^^inor for 2 panhandle lots I I Conditional Use Permit (*) ©Minor O Extension I I Environmental Impact Assessment I I Habitat Management Permit O Minor I I Hillside Development Permit (*) I I Planned Development Permit O Residential O Non-Residential I I Planned Industrial Pennit Planning Commission Detemiination Site Development Plan I I Special Use Permit I I Tentative Tract Map I I Variance j j Administrative (FOR DEPT. USE ONLY) Legislative Permits I I General Plan Amendment I I Local Coastal Program Amendment (*) (FOR DEPT. USE ONLY) I I Master Plan | [Amendment I I Specific Plan Q Amendment I I Zone Change (*) I I Zone Code Amendment List ottier apolications not specified • BUILDING PERMIT FOR NEW • SINGLE FAMILY RESIDENCE [7] TENTATIVE rAnCCLMAF (*) = eligible for 25% discount / ^^t^Tl N ^ (H^ \^-Cr\^ NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: 205-280-16-00 1369 Magnolia Avenue Tentative Parcel Map BRIEF DESCRIPTION OF PROJECT: THREE (3) LOT TENTATIVE PARCEL MAP ON EXISTING 0.82 ACRE LOT. LOT 1 IS A PROPOSED SINGLE FAMILY RESIDENCE FOR THE OWNER'S OWN USE. LOTS 2 & 3 ARE FOR SALE. NO BUILDING PERMITS ARE PROPOSED FOR LOTS 2 & 3 AT THIS TIME. DEVELOPMENT PROPOSAL IS CONCEPTUAL. BRIEF LEGAL DESCRIPTION: Portion of Tract 241 of the Thum Lands according to Map 1681 in the City of Carlsbad, County of San Diego, State of California recorded on December 9, 1915. LOCATION OF PROJECT; 1369 Magnolia Avenue ON THE: ^outh STREET ADDRESS SIDE OF Magnolia Avenue (NORTH, SOUTH, EAST, WEST) BETWEEN Highland Drive ^I^Q Adams Street (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 5 Revised 01/10 OWNER NAME (Print): Santa Rita Investment Company APPLICANT NAME (Print): Todd Kesseler MAILING ADDRESS: Contact: William Cavanaugh MAILING ADDRESS: T&M Construction, Inc. CITY, STATE, ZIP: P.O. Box 235709 CITY, STATE, ZIP: 140 E. Stetson Ave. Suite 301 TELEPHONE: Encinitas, CA 32024 TELEPHONE: Hemet, CA 92543 EMAIL ADDRESS: PH: (619) 507-2727 EMAIL ADDRESS: PH: (951) 679-9907 san£)ury@aol. toddkotmconstructions.com 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRyE AND CORRECT TO THE BEST OF MY KNOWLEQSE. /I I (^/ 1 October 5,2010 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. "jod^ U^AS-L^^ October 5,2010 SIGhMtJfcE ' DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): See above MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THA^ALL THE ABOVE INFORMATION IS TRUE AND CORRECTVTO-THE BEST OF MY KNOWLEDGE. SIGNATUl\g \ 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 TQ HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. DffERTY OWNERtelGNATURE FOR CITY USE ONLY OCT f 3 2010 RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 01/10 A DISCLOSURE Development Services STATEMENT Planning Department ^CiTYOF P1fA\ 1635 Faraday Avenue TAR I ^RAD (760)602-4610 V-./-\l \ l-..jur^i-jf 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 infonnnation is completed. Please print. Note: Person is defined as "Any individual, finn, co^iartnership, joint venture, associafion, soda! club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city munidpaiity, 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 indudes 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 W'. \\'. Ciiv> r<XN/an tLvyi\ Coro/Part ikt/yL vVvT^'^'-A^^ /cM^a«v^ THIe Title ^.UU>N^ K- Tif-j^^ fi^mefe^f AddressJQ£JL_1551^^1 Address rol - fw.lr 2. OWNER (Not the owner's agent) T'-fC^ 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part iftA.4<^ C^vW'Xlco^tfW*'^ CtM^a^u Title Title G^^Wom^vt^ A. TV-U , U-*sx^e*'^\-^ Address Address /f. \ p-1 (A) Pagel of2 Revised04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above Is a nonprofit organization or a tmst. list the names and addresses of ANY person sen/ing as an officer or director of the non- profit organization or as trustee or beneficiary of tiie. Non Profit/Trust_ Title Non ProfltTTmst 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? I I Yes ^ ^o If yes, please indicate person(s):_ NOTE: Attach additional sheets If necessary. certify that all the above information is true and correct to the best of my knowlj^dge. of owner/date Print or type name of owner Print or type name of applicant j Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 04/09 ^ C { T ¥ OF CARLSBAD PROJECT DESCRIPTION P-1(B) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: 13 69 Magnolia Avenue TPM APPLICANT NAME: T&M Construction Inc. 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: Proposed Tentative Parcel Map for three (3) lots on the existing 0.82 acre lot. Lot 1 has an existing 2 bedroom / 2 bath house which is to be demolished and replaced with a four bedroom house under a seperate permit which is not a part of this application. The property is in an existing RI zone residential area. All of the neighbors properties are also RI residences. The site is a previously developed site. No environmental constraints exist on the site. The proposed future house construction consists of raised floor manufactured homes. The grading required for these homes is very modest. The proposed slopes are less than 3 feet high. The grading quantity proposed is 240 cubic yards. Each home will apply for a separate permit for each lot. Each permit will be less than 100 cubic yards. P-1(B) Page 1 of 1 Revised 04/09 HAZARDOUS WASTE Development Services ^ CITY OF CARLSBAD AND SUBSTANCES Planning Department ^ CITY OF CARLSBAD STATEMENT P-1(C) 1635 Faraday Avenue (760) 602-4610 www.ca risbadca .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 65962.5,1 have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [x] 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. APPLICANT PROPERTY OWNER T&M Construction Inc. Santa Rita Investment Company Name: Todd Kesseler Name: William Cavanaugh Address: 140 E. Stetson Ave. Suite 301 Address: ^-Q- 235709 Hemet, CA 92 543 Encinitas, CA 92024 Phone Number: (951) 679-9907 Rhone Number: (619) 507-2727 Address of Site: 13 69 Magnolia Avenue Local Agency (City and County): ^ity of Carlsbad, County of San Diego Assessor's book, page, and parcel number: 205-280-16-00 Specify list(s): Regulatory Identification Number: Date of List: Applicant Signature/Date 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) Pagel of 2 Revised 04/09 ^ EIA INFORMATION Development Services %0$> FORM Planning Department CiTY OF p 'l/nx 1635 Faraday Avenue "ARI SRAD ^~*y^' (760)602 4610 \l™*Jli«r/iL»^ www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e.. Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carisbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Initial Study. P-1(D) Pagel Of 4 Revised 04/09 1*^ o Date Filed: ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) (To be completed by City) Application Number(s): General Information 6. 7. 8. 9. Name of project: 13 6 9 Magnolia Avenue TPM Name of developer or project sponsor: Santa Rita Investment Co.- William Cavanaugh Address: P.O. Box 235709 City, State, Zip Code: Phone Number: Encinitas, CA 92024 ;619) 507-2727 Name of person to be contacted concerning this project: William Cavanaugh Address: See above City, State, Zip Code: Phone Number: Address of Project: 13 69 Magnolia Avenue Assessor's Parcel Number: 205-280-16-00 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: building permit, coastal development permit not applied for at this time. Existing General Plan Land Use Designation: Existing zoning district: Existing land use(s): _ R-1 single family residence Proposed use of site (Project for which this form is filed): (3) single family residences Project Description 10. Site size: 11. 12: 13. 14. P-1{D) Proposed Building square footage: Number of floors of construction: Amount of off-street parking provided: Associated projects: 0.82 acres none 2 (on lot 1 only) separate permit (3) 2 car garages plus (6) guest spaces on parcels 2,3= 12 total sp. building permit, CDP on lot 1 Page 2 of 4 Revised 04/09 15. If residential, include the number of units and schedule of unit sizes: none proposed at this time. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A p-1 (D) Page 3 of 4 Revised 04/09 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 • [p alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • [ ] roads. 22. Change in pattern, scale or character of general area of project. • [ ] 23. Significant amounts of solid waste or litter. • [ ] 24. Change in dust, ash, smoke, fumes or odors in vicinity. • [ ] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • [] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. • [ ] 27. Site on filled land or on slope of 10 percent or more. • [ ] 28. Use of disposal of potentially hazardous materials, such as toxic substances, • [] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • [] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • [] Y 31. Relationship to a larger project or series of projects. • • Environmental Setting THIS PROJECT PROPOSES NO IMPACTS. 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. PROJECT IS RI ZONE SFR 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. NEIGHBORING PROPERTIES ARE ALL RI SFR 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: October 5, 2010 Signature: PQp. Santa Rita Investment Company P-1(D) Page 4 of 4 Revised 04/09 DEVELOPMENT Development Services PERMITS Planning Division ^ CITY OF P-2 1635 Faraday Avenue CARLSBAD P-2 (760) 602-4610 www.carlsbadca.gov Major Coastal Development Permits (including Amendments and Extensions, but excluding Minor CDPs and Single Family Residences) Conditional Use Permits (including Regular, Minor, Amendments and Extensions) Planned Development Permits (Residential and Non-Residential; including Amendments and Extensions) Planned Industrial Permits (including Amendments and Extensions) Planning Commission Determinations Precise Development Plans Redevelopment Permits (Major, Minor and Amendments) (A Coastal Development Permit Supplemental Application may also be needed) Site Development Plans (including Amendments and Extensions) Special Use Permits (including Amendments, Extensions and Floodplain SUPs) Structure Relocation Permits Tentative Tract Maps (including Revisions) A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) The following materials shall be submitted for each application or for combined applications on a single project. 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. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN - Seven (7) copies on 24" x 36" sheet(s). Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner prior to approval of the project. Each site plan shall contain the following information: 1. GENERAL INFORMATION •a. Name and address of owner whose property is proposed to be developed and the name, address, and phone number of the developer, •b. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans, •c. North arrow and scale, •d. Vicinity map showing major cross streets, •e. Date of preparation/revisions, •f. Project Name and application types submitted. •g- Tentative Map number in upper right hand corner (City to provide number at time of application). •h. All facilities labeled as "existing" or "proposed." p-2 Pagel of 9 Revised 07/10 n](2) :](3) :](4) n(5) L](6) :](7) :](8) :](9) •i. A summary table of the following: ^(1) Street address and assessor's parcel number. Site acreage. Existing Zone and General Plan Land Use Designation. Existing and Proposed land use. Classification of lots as to intended residential, commercial, industrial or other uses. Number of units to be constructed when a condominium or community apartment project is involved. Total number of lots proposed. Proposed density in dwelling units per net acre. Total building coverage. [I](10) Building square footage. 11(11) Percent of site to be landscaped. •(12) Number of parking spaces required/provided. N/A [pOS) Square Footage of required employee eating areas. Square footage provided (intehor and exterior eating area, if applicable). [p(14) Square Footage of open or recreational space (if applicable), for each unit and total common open space for the project. [|](15)Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230 (include the acreage in each category). If not applicable, state on the plans. (16) Cubic footage of storage space (if applicable). Show location. S(17) Average Daily Traffic generated by the project, broken down by separate uses. 0(18) Name of sewer, water and school district providing service to the project. 2. SITE INFORMATION a. GENERAL nn(1) Approximate location of existing and proposed buildings and permanent structures onsite and within 100 feet of site. II](2) Location of all major vegetation, showing size and type, both within the project and offsite for a distance of 100 feet. Existing onsite trees; those to be removed and those to be saved. E](3) Location of railroads. II](4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data). II](5) Lot lines and approximate dimensions and number of each lot. C 1(6) Lot area for each proposed lot. E](7) Setback dimensions for the required front, rear and side yard setbacks for all structures. [I](8) Distance between buildings and/or structures. E](9) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. II](10) Indicate on site plan improvements and amenities for any required interior and/or exterior employee eating areas, i.e. benches, tables, trash cans, etc. II](11) Show site details (specific recreation facilities) for all recreation lots or areas (when applicable). •(12) Location and dimensions of all accessways and pathways as required for compliance with Title 24 - State Accessibility Requirements. p-2 Page 2 of 9 Revised 07/10 o b. GRADING AND DRAINAGE •(I) Approximate contours at 1' intervals for slopes less than 5%; 2' inten/als for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). [](2) Earthwork volumes: cut, fill, remedial, import and export. [ ](3) Spot elevations at the corners of each pad. [](4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. [](5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed project site; show location and approximate size of any proposed detention/retention basins. [](6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. [](7) Show all Best Management Practices (BMPs) to be used to reduce storm water discharge during the "use" or existing development phase. [](8) Indicate proposed elevation in relation to sea level of the lowest floor (including basement) of all structures. [For Floodplain Special Use Permit (SUP)]. [ ](9) In FEMA Zone AO or VO show elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. [For Floodplain Special Use Permit w (SUP)]. LJ(10) Show proposed elevation in relation to mean sea level to which any structure will be floodproofed. [For Floodplain Special Use Permit (SUP)]. c. STREETS AND UTILITIES •(1) [^(2) [J(3) [:(5) [3(6) [:(8) [:(9) •(10) The location, width and proposed name of all streets within and adjacent to the proposed project. Show street grades and centeriine radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Land Development Engineering Policies. Name, location and width of existing adjacent streets and alleys. Include medians and adjacent driveway locations. Typical street cross sections for all streets within and adjacent to the project. Width, location and use of all existing and/or proposed public or private easements. Public and private streets and utilities clearly identified. Show distance between all intersections and driveways. Clearly show parking stall and aisle dimensions and truck turning radii for all parking areas. Show access points to adjacent undeveloped lands. Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. Show all existing and proposed fire hydrants associated with the project, and all existing, off-site fire hydrants within 300 feet of the project boundary. Fire hydrants on commercial, industrial and multi-family residential sites should be installed at 300 foot intervals. Fire hydrants serving single-family residential projects should be installed at no more than 500-foot intervals. When possible, fire hydrants should be installed at street intersections on developed side of street if single loaded. Avoid cul-de-sac installations. For installation requirements on public roadways, contact the Carlsbad Fire Department at (760) 602-4666. p-2 Page 3 of 9 Revised 07/10 d. WATER FACILITIES p1) [:(2) [:(3) Show average and peak potable water demand in gallons per minute (gpm). Provide fire flow demand in gallons per minute (gpm); calculate using table attached to Land Use Review Application. Provide a map or diagram showing existing and proposed on-site and off-site water pipelines, services, pressure reducing stations, fire hydrants, reservoirs and pumping stations. (These facilities must be shown within the public right-of- way or within easements to be granted to the District or the City.). Show a looped potable water distribution pipeline (when more than 19 residences are proposed). Show a public fire flow system (constructed as a looped pipeline system for all industrial or commercial development). Show a private fire sprinkler system, if required or proposed; state on exhibit. Provide a water phasing plan, if proposed. NOTE: San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. e. RECYCLED WATER FACILITIES N/A [jl|(1) Colored recycled water use area map (all areas proposed to be irrigated with recycled water must be clearly indicated on the map in color). Peak irrigation or industrial water demand in gallons per minute (gpm). Existing and proposed recycled water pipelines, services, pressure reducing stations, booster pump stations, reservoirs and pumping stations. (These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City.) SEWER FACILITIES NO FACILITIES ARE PROPOSED ONLY LATERAL HOOKUPS Average sewer generation in million gallons per day (mgd). Existing and proposed sewer pipelines, laterals, and sewage lift stations. These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City. Indicate sewer facility phasing, if proposed. •(1) [](2) •(3) NOTE: No sewer lift stations or sewer siphons may be proposed unless otherwise agreed to in writing by the appropriate District Engineer. B. LANDSCAPE PLAN - Seven (7) copies prepared on 24" x 36" sheet(s) at the same scale as the project plans. Ten (10) copies of the plans shall be submitted by the applicant upon request of the project planner prior to project approval. The preliminary landscape plan shall contain the following information: N/A GENERAL INFORMATION NO BUILDINGS ARE PROPOSED. LANDSCAPE WILL BE PER SEPARATE CDP [pa. Landscape zones per the City of Carisbad Landscape Manual. ). Typical plant species, quantity of each species and their size for each planting zone in a legend. (Use symbols). ;. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. I. Landscape maintenance responsibility (private or common) for all areas. J. Percent of site used for landscaping. . Water Conservation Plan. J. All applicable Fire Suppression Zones, as required by the City's Landscape Manual, are minimums. Additional requirements may apply. p-2 Page 4 of 9 Revised 07/10 ry C. BUILDING ELEVATIONS AND FLOOR PLANS - Seven (7) copies prepared on 24" x 36" sheet(s). Ten (10) copies of the plans shall be submitted by the applicant upon request of the project planner prior to the project approval. Each building elevation and floor plan shall include the following information: NO BUILDINGS ARE PROPOSED UNDER THIS APPLICATION N/A N/A 1. GENERAL INFORMATION •a. Floor plans with square footage included. [Ub. All elevations of existing and proposed buildings, including signs and exterior lights. [He. Location and size of required storage areas. •d. Include a scale on all floor plans and building elevations. [He. Indicate the height on all building elevations. [Hf. Indicate on all building elevations, compliance with Carisbad Building Height definition (Zoning Ordinance Section 21.04.065). [Hg. Indicate ceiling height or the height of the underside of the roof in any building areas intended for storage uses. [Hh. Indicate the California Building Code occupancy classifications of all building areas. [ Hi. Indicate type of construction per California Building Code. [Hj- Disclose any building uses that will result in the presence of Acutely Hazardous Materials, Compressed Flammable Gases in excess of 1,500 pounds, Flammable Liquids in excess of 10,000 gallons. Hazardous Materials in excess of 500 pounds or 55 gallons, or compressed gas in excess of 200 cubic feet. [Hk. Provide documentation demonstrating compliance with City Council Policy 44 - B' Neighborhood Architectural Design Guidelines (if applicable). I. ROOF PLAN: One (1) copy (plan view). Show roof design to include ridges, hips, slope direction, etc. Show location of roof appurtenances, mechanical equipment and screening. Show all roof top equipment, appurtenances, stairways or other access provisions, including those required by the applicable building, plumbing, electrical and mechanical codes. All roof mounted equipment shall be installed in accordance with Building Department Policy 80-6. CONSTRAINTS MAP - One (1) 24" x 36" sheet folded to 9" x 12" shall include the following information: (NOTE: This information is not required for previously graded sites and the conversion of existing structures.) If the constraint does not apply to the property, list it on the map as not applicable. Constraints map should be the same scale as other exhibits, i.e. Site Plan, etc. NO IIVIPACTS ARE PROPOSED 1. GENERAL INFORMATION •a. Major ridge lines. Cjb. Riparian or woodlands. E ]c. Intermittent drainage course. C]d. 25-40% slopes. Z ]e. Greater than 40% slopes. E ]f. Major rock outcroppings. •g. Easements. Clh. Floodways. Z ]i. Archaeological sites. (Do not identify location. List in map legend if present.) C ]j. Special Planning Areas - Type of special planning area. ^k. Biological Habitats. Indicate the location of all vegetation communities existing on the project site. (Use Modified Holland System as described in the Multiple Habitat Consen/ation Plan.). I Beaches. m. Permanent bodies of water, n. Wetlands. o. Land subject to major power transmission easements, p. Railroad track beds. p-2 Page 5 of 9 Revised 07/10 a E. COLORED SITE PLAN AND ELEVATION PLAN - Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS fflA. Completed Land Use Review Application Form. []B. Coastal Development Permit Supplemental Application (if applicable). ^C. Environmental Impact Assessment Form (Fee not required with initial submittal. Fee to be determined after review of project and environmental impact assessment form.) Required for tentative parcel maps only where a significant grading is proposed. Check with Planning staff to determine if required for your application. []D. Disclosure Statement. (Not required for tentative parcel maps.). []E. TWO (2) copies of the Preliminary Title Report (current within the last six (6) months). ^F. Proof of availability of sewer if located in the Leucadia Waste Water District or the Vallecitos Water District. G. Statement of agreement to waive tentative parcel map time limits. Required only when project (tentative parcel map) requires concurrent processing of planning application or environmental review. N/A QH. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips. Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information should be included with the study: 1. 8/4" x 11" or 8%" X 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. 2. Project traffic generation rates and traffic assignment. 3. Necessary calculations and/or analysis to determine intersection and road segment levels of service. 4. Any proposed mitigation requirements to maintain the Growth Management public facility performance standards. 5. On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a "large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carisbad reserves the right to require a traffic study on any project. N/A [pi. Two copies of preliminary soils/geologic report for all projects with cut or fill depths exceeding 5 [IJJ. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. P-2 Page 6 of 9 Revised 07/10 •K. For all condominium conversions, a letter from San Diego Gas and Electric stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. •L. For all condominium conversions, one (1) copy of a compliance inspection performed by the Building Department. (Separate fee required.). •M. For projects larger than 1-acre, a Preliminary Hydrology Study including map and calculations to demonstrate capacity/sizing of proposed and existing storm drain infrastructure. Show before and after discharges to each included drainage basin. Depending upon the complexity of the project, a Preliminary Hydrology Study may be required on any project. •N. TWO copies of a completed and signed "Storm Water Standards Questionnaire." This form can be found on the City's website: http://www.carisbadca.aov/business/buildinq/Documents/E- 34.pdf (Distribute copy to Land Development Engineering). •O. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Project," submit a preliminary Storm Water Management Plan (SWMP) prepared in accordance with the City Standard Urban Storm Water Mitigation Plan (SUSMP) per the City of Carisbad Land Development Engineering Standards. •P. Completed "Project Description/Explanation" sheet. •Q. Signed "Notice of Time Limits on Discretionary Applications." •R. Noise study consistent with City of Carisbad Noise Guidelines Manual. •S. Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determination (i.e. EIR, Negative Declaration or Exemption) and to determine compliance with the HMP. •T. Signed "Hazardous Waste and Substance Statement" form. •U. Provide color board(s) (no larger than 9" x 12"), showing building materials and color samples of glass, reveals, aggregate, wood, etc. •v. Photographs of the property from the north, south, east and west, •w. Digital copy of Tentative Map along with required number of hard copy maps. •X. Fees: See Fee Schedule for amount. •Y. Earlv Public Notice Package. III. SPECIFIC PROJECT REQUIREMENTS •A. For Density Bonus Projects: 1. A letter signed by the present owner stating what specific incentives are being requested from the City. For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. 2. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities. 3. For condominium conversion requests, a report documenting the following information for each unit proposed to be converted: the monthly income of tenants of each unit throughout the prior year, the monthly rent for each unit throughout the prior year and vacancy information for each unit throughout the prior year. 4. Identify the number and location of lower income dwelling units. •B. For Senior Citizen Housing Projects: 1. A letter signed by the present owner stating what specific incentives are being requested from the City. For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. 2. A detailed vicinity map showing the project location and such details as the nearest market, transit stop, park or recreation area, medical facilities or other related uses or services likely to be patronized by senior citizens. p-2 Page 7 of 9 Revised 07/10 3. Five (5) copies of floor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doonways, hallways, closets and cabinets. 4. Five (5) copies of floor plans showing any common areas and accommodations. 5. Identify the number and location of lower income inclusionary dwelling units. 6. A plan for monitoring age restrictions for all units and income restrictions for designated inclusionary units. •C. In-fill Residential Projects: Residential Projects with two or more dwelling units that: (1) are bordered on a minimum of two sides (property lines) by existing single family residential development and (2) require a discretionary permit (excluding a Minor Coastal Development Permit, Coastal Development Permit for a single family residence and/or second dwelling unit, or a permit for a condominium conversion) shall be required to: 1. Post project notices on the project site pursuant to Planning Division Administrative Policy No. 37. This requirement is not applicable to residential development applications that are already subject to the City's Early Public Notice requirements (see Application Form P-21). 2. Submit project photo-simulation exhibits to the Planning Division upon determination that the project application is complete. The photo simulation exhibits should be scaled representations of the project, as viewed from adjacent streets and adjacent developed single- family residential properties. GD. Wireless Communication Facilities: Wireless Communication Facilities (WCF) are allowed in all zones (excluding the L-C zone) with the approval of a conditional use permit (CUP) or minor conditional use permit (MCUP). See the applicable Zone and Zoning Ordinance Section 21.42.140B.165 for details. All proposed WCFs shall follow the City's guidelines (see City Council Policy No. 64, Wireless Communication Facilities) in the design of CUPs and MCUPs for new wireless facilities as well as extensions and amendments to CUPs and MCUPs for existing installations. This policy applies to all commercial providers of wireless communication services. It does not apply to amateur (HAM) radio antennas and dish and other antennas installed on a residence for an individual's private use. Notes on submitting applications for new or existing WCFs: 1. Submittals for new and amended WCFs shall follow the application requirements outlined elsewhere in this handout plus the specific WCF submittal provisions of City Council Policy 64, including the Application and Review Guidelines. 2. For extensions of existing CUPs and MCUPs, or for existing CUPs proposing to convert to MCUPs, only one set of project plans, rather than multiple copies, needs to be submitted. The one set of plans may be copies of those already approved. Applicants are encouraged to talk with staff before submitting an application to convert a CUP to a MCUP. 3. Per Performance Guideline 5 of City Council Policy 64, a report demonstrating compliance with FCC RF Exposure Guidelines must be submitted with each time extension or amendment request and, for new WCFs, within six (6) months after the issuance of occupancy. All WCF applications are evaluated or re-evaluated to assess consistency with City Council Policy 64, including the appropriateness of the existing facility's technology, and the applicant must document that the WCF maintains the technology that is the smallest, most efficient, and least visible and that there are not more appropriate and available locations for the facility, such as the opportunity to collocate or relocate to an existing building. P-2 Page 8 of 9 Revised 07/10 •E. Flood Plain Special Use Permits: 1. Two (2) sets of the hydrology and hydraulic calculations. Include HEC-1 and HEC-2 computer printouts with appropriate annotations to clarify readouts. 2. Two (2) copies of all required certifications listed in Section 21.110.150(4) of the Municipal Code signed and sealed by a registered Civil Engineer or other appropriately licensed professional. •F. Commercial/Visitor-Serving Overlay Zone: 1. Prior to filing an application for a Conditional Use Permit for a Commercial/Visitor-Serving use within the Overiay zone, the applicant shall make a Preliminary Review (Pre-filing) submittal. 2. Projects within the Commercial/Visitor-Serving Overiay Zone shall submit a proposed sign program as part of this application. The program shall be provided as separate exhibits and should include the following information: proposed sign location, dimensions, area, materials, sign copy and colors. NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the public hearing notice package including the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go fonward until this information is received. P-2 Page 9 of 9 Revised 07/10 « 4 . ^ CiTY CARLSBAD O F MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION P-6 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) THIS IS A LOT SALE PROJECT. BUILDINGS ARE TO BE PER I. GENERAL BACKGROUND^ ^^^^^^^ APPLICATION A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to tlie current fee schedule for the appropriate $/square foot fee rate. New Residential Square Footage: 0 square feet x $_ _/sq. ft. = $_ Resideritial Addition Square Footage: square feet x $ Any Ga _/sq. ft. = $_ _/sq. ft. = $_ Reside^ i^ial Conversion Square Footage: square feet x $ Isq. ft. = $_ age Square Footage: square feet x $_ Please contact the City of Carisbad Building and Code Enforcement Division for current fee rate for Non-Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) square feet x $ Isq. ft. = $ COST OF DEVELOPMENT ESTIMATE: $_ 0 B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 2. A Coastal Development Permit ($60,000 or more cost estimate) • C. Street address of proposed development 13 69 lyiAGNOLIA AVENUE P-6 Page 1 of 6 Revised 07/10 D. Assessor's Parcel Number of proposed development 205-280-16-00 E. Development Description: Briefly describe proiect: ™REE (3) LOT TENTATIVE PARCEL MAP ON EXISTING 0.82 ACRE LOT. LOT 1 IS A PROPOSED SINGLE FAMILY RESIDENCE FOR THE OWNER'S OWN USE. LOTS 2 & 3 ARE FOR SALE. NO BUILDING PF.RMTTS ARE PROPOSED FOR LOTS 2 & 3 AT THIS TIME. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: RESIDENTIAL North:. South:, East: West: G. Is project located within a 100-year flood plain? Oves HCINO II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? [x]Yes I |NO If yes, please describe. EXISTING 2 BEDROOM HOUSE WHICH IS TO BE DEMOLISHED UNDER A SEPARATE CDP 10-18. B. Will any existing structure be removed/demolished? I Ives [x^No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III. LOT COVERAGE A. Existing and Proposed Existing New Proposed Total Building Coverage sq. ft. sq. ft. sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area sq.ft. sq.ft. sq.ft. Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. B. Parking: Number of existing spaces 0 Number of new spaces proposed ^ Existing/Proposed TOTAL: 12_ Number of total spaces required 12 Number of covered spaces Number of uncovered spaces ^ p-6 Page 2 of 6 Revised 07/10 Number of standard spaces Number of compact spaces Is tandem parking existing? is tandem parking proposed? Grade Alteration: Is any grading proposed? 0Yes | |NO 12 Amount of cut 80/lot x (3) lots= 240 cy Amount of fill 80/lot x (3) lots= 24 0 cy If yes, please complete the following: 1. 2. 3. 4. 5. 6. •Yes #_ •Yes #_ Maximum height of fill slope _ Maximum height of cut slope. Amount of import or export 2 . 5 2 . 5 No No _cu. yds. _cu. yds. _feet _feet _cu. yds. Location of borrow or disposal site legal dump site (if required) p-6 Page 3 of 6 Revised 07/10 The following materials shall be submitted for each single family residence/minor coastal development permit application. 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. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower riqht hand corner of plan visible.) A. SITE PLAN - Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the following information: 1. GENERAL INFORMATION B. Epa. :]b. []c. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Location, size and use of all easements. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Distance between buildings and/or structures. Building setbacks (front, rear and sides). Location, height and materials of walls and fences. Dimensions/location of signs. Asummary table of the following (if applicable to the application): [ ](1) Street address and assessor's parcel number. [ ](2) Site acreage. [](3) Existing Zone and Land Use Designation. [ ](4) Proposed land use. [ ](5) Total building coverage. [ ](6) Percent of site to be landscaped. [ ](7) Number of parking spaces required/provided. [ ](8) Square Footage of open or recreational space (if applicable). H(9) Cubic footage of storage space (if applicable), •i. All applicable Fire Suppression Zones as required by the City's Landscape Manual. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overiay zone. The following information shall be submitted at a minimum: Approximate contours at V inten/als for slopes less than 5%; 2' inten/als for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). Earthwork volumes: cut, fill, import and export. Spot elevations at the corners of each pad. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. p-6 Page 4 of 6 Revised 07/10 [I|5. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. •6. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. n/a C. BUILDING ELEVATIONS AND FLOOR PLANS - Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: •l. Location and size of storage areas. •2. All buildings, structures, wall and/or fences, signs and exterior lights. •3. Existing and proposed construction. •4. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). COLORED SITE PLAN AND ELEVATION PLAN - Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division t>y 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS •A. A completed Land Use Review Application Form. •B. Completed Coastal Development Permit Application. •C. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. •D. Disclosure Statement. •E. TWO (2) copies of the Preliminary Title Report (current within the last six (6) months). •F. Completed "Project Description/Explanation" sheet. •G. TWO copies of a completed and signed "Storm Water Standards Questionnaire". This form can be found on the City's website: http://www.carisbadca.gov/business/building/Documents/E- 34.pdf (Distribute copy to Land Development Engineering). •H. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Project", submit a preliminary Storm Water Management Plan (SWMP) prepared in accordance with the City Standard Urban Storm Water Mitigation Plan (SUSMP) per the City of Carisbad Land Development Engineering Standards. •l. Property Owner's List and Addressed Labels: Sinqle Familv Residence 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: p-6 Page 5 of 6 Revised 07/10 Ariel 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS. JANE SMITH 123 Magnolia Ave., Apt. #3 123 Magnolia Ave. APT 3 Carisbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carisbad, CA 92008 CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1"=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. Note: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit tlie radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represente the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. Minor Coastal Development Permit 1. 100' Radius Occupants/Address List and Labels (for coastal zone/CDPs only): One (1) list of the occupants/addresses located within a 100' radius of the project site; and two (2) sets of mailing labels of the addresses within a 100' radius. P-6 Page 6 of 6 Revised 07/10 1^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov SECTION 1 NEW DEVELOPMENT PRIORITY PROJECT TYPE Does you project meet one or more of the following criteria: YES NO 1. Housina subdivisions of 10 or more dwellina units. Examoles: sinale familv homes, multl-familv homes, condominium and apartments 2. Commercial- areater ttian 1-acre. Anv develooment other than heaw Industry or residential. Examples: hospitals; laboratories and other medical facilities: educational Institutions; recreational facilities; municipal facilities; commercial nurseries; multi-apartment buildings; car wash facilities; mini-mails and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light Industrial facilities. 3. Heaw Industrial / Industry- areater than 1 acre. Examples: manufacturing plants, food processing plants, metal woridng facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive reoair shoo. A facilitv cateaorized in anv one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Anv facilitv that sells prepared foods and drinks fbr consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification requirements. 6. Hillside deveiooment. Anv develooment that creates 5.000 sauare feet of impervious surface and Is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent (25%) or greater. 7. Environmentallv Sensitive Area (ESA)\ All deveiooment located within or directly adiacent^ to or discharging directly^ to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ESA), which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area of impen/iousness of a proposed project site to 10% or more of Its naturally occurring condition. 8. Parldna lot. Area of 5.000 sauare feet or more, or with 15 or more parking spaces, and potentially exposed to urban runoff 9. Sfreets. roads, hiahwavs. and freeways. Anv oaved surface that is 5,000 square feet or qreater used fbr the transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail Gasoline Outlets. Serving more than 100 vehicles oer day and greater than 5,000 square feet 11. Coastal Deveiooment Zone. Anv oroiect located within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%. 12. More than 1-acre of disturtance. Proiect results in the disturbance of more than 1-acre or more of land and is considered a Pollutant-generating Development Project*. \ / Environmentally Sensitive Areas indude 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 Corrtrxil 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; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 'Directly adjacent' means situated within 200 feet of the Environmentally Sensitive Area. 3 'Discharging directly to' means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Prxjjects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or fbr pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are buiK with pervious surfaces or if they sheet flow to sun-ouriding pervious surfaces. Section 1 Results; .If you answered YES to ANY of the questions above your project is subject to Priority Development Project requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements' box In Section 3. A Storm Water Management Plan, prepared in accordance with City Stomi Water Standards, must be submitted at time of application. If you answered NO to ALL of the questions above, then your project is subjec to Standard Stormwater Requirements. Ffease check the "does not meet PDP requirements" box in Section 3. Yes E-34 Page 2 of 3 REV 3/23/10 ^ CITY CARLSBAD O F STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carisbadca.gov SECTION 2 SIGNIFICANT REDEVELOPMENT Complete the questiorre below regarding your redevelopment project: YES NO Project results in the disturisance of more than 1 -acre or more of land and is considered a Pollutant-generating Development Project (see definition in Section 1). If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the project solely limited to just one of the following: a. Trenching and resurfacing associated with utility wortt? b. Resurfacing and reconfiguring existing surface parking lots? c. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existing roads? d. Replacement of existing damaged pavement? If you answered NO to ALL of the questions, then proceed to question 4. If you answered YES to ANY of the questions then you ARE NOT a significant redevelopment and your project is subject to Standard Stormwater Requirements. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on an existing development or, be located within 200 feet of the Pacific Ocean and (l)create more than 2500 square feet of impermeable surface or (2) inaeases Impermeable surface on the property by more than 10%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. SECTION 3 Questionnaire Results: • My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stomiwater criteria per the SUSMP and must prepare a Storm Water Management Plan for submittal at time of application. ^ My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. Applicant Information and Signature Box This Box for City Use Only Address: 1369 Magnolia Ave Assessor's Parcel Number(s): 205-280-16-00 Applicant Name: T&M Constuction Inc. Applicant Title: Contractor Applicant Signature: By: Todd Kesseler Date: October 5,2010 City Concunence: YES NO By: Date: Project ID; E-34 Page 3 of 3 REV 3/23/10 City of Carlsbad Faraday Center Faraday Cashiering 001 1103801-2 02/07/2011 98 Hon, Feb 07, 2011 10:37 AM Receipt Ref Nbr: RI103801-2/0009 PERMITS - PERMITS Tran Ref Nbr: 110380102 0009 0010 Trans/Rcpt#: R0083071 SET #: CDP10028 Amount: ] § $64.24 Item Subtotal: $64.24 Item Total: $64,24 1 ITEM(S) TOTAL: $64.24 Check (Chk# 5335.) $64.24 Total Received: $64.24 Have a nice day! ***)|t*t******:t;*CUSTGMER COPY************* o City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92 008 •lllllllllllll Applicant: KESSELER TODD Description Amount CDP10028 64.24 1369 MAGNOLIA AV CBAD Receipt Number: R0083071 Transaction ID: R0083071 Transaction Date: 02/07/2011 Pay Type Method Description Amount Payment Check 64.24 Transaction Amount: 64.24 City of Carlsbad Faraday Center Faraday Cashiering 001 1028601-2 10/13/2010 98 Wed, Oct 13, 2010 03:09 PM Receipt Ref Nbr: R1028601-2/0031 PERMITS - PERMITS Tran Ref Nbr: 102860102 0031 0037 Trans/Rcpt#: R0081508 SET #: CDP10028 Amount: 1 @ $1,518.00 Item Subtotal: $1,518.00 Item Total: $1,518.00 PERMITS - PERMITS Tran Ref Nbr: 102860102 0031 0038 Trans/Rcpt#; R0081509 SET #: PCD10002 Amount: 1 @ $1,871.92 Item Subtotal: $1,871.92 Item Total: $1,871.92 2 ITEM(S) TOTAL: $3,389.92 Credit Card (Auth# R08007) $3,389.92 Total Received: $3,389,92 Have a nice day! ****+,*********CUST0MER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: ATODD KESSLER Description PCD10002 13 6 9 MAGNOLIA AV CBAD Amount 1,871.92 Receipt Number: RO081509 Transaction Date: 10/13/2010 Transaction ID: R0081509 Pay Type Method Description Amount Payment Credit Crd VISA 1,871.92 Transaction Amount: 1,871.92 City of Carlsbad Faraday Center Faraday Cashiering 001 1028601-2 10/13/2010 98 Wed, Oct 13, 2010 03:09 PM Receipt Ref Kbr: R1028601-2/0031 PERMITS - PERMITS Tran Ref Nbr: 102860102 0031 0037 Trans/Rcpt#: R0081508 SET #: CDP10028 Amount: 1 i $1,518,00 Item Subtotal: $1,518,00 Item Total: $1,518.00 PERMITS - PERMITS Tran Ref Nbr: 102860102 0031 0038 Trans/Rcpt#: R0C81509 SET #: PCD10002 Amount: 1 @ $1,871.92 Item Subtotal: $1,871.92 Item Total: $1,871.92 2 ITEM(S) TOTAL; $3,389.92 Credit Card (Auth# R08007) $3,389.92 Total Received: $3,389,92 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 llllllllllllllililillllllll Applicant: KESSLER TODD Description CDP10028 13 6 9 MAGNOLIA AV CBAD Amount 1,518.00 Receipt Number: R0081508 Transaction Date: 10/13/2010 Transaction ID: R0081508 Pay Type Method Description Amount Payment Credit Crd VISA 1,518.00 Transaction Amount: 1,518.00 Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Customer; Chicago Title Company Bill Cavanaugh Attn: Tom Votel/Ken Cyr Attn: Bill Cavanaugh Email: votelt(aictt.com & ken.cvr@ctt.com Phone: (619)507-2727 Phone: (619) 521-3553 & (619) 521-3555 Reference No.: Santa Rita Inv Fax: (619)521-3608 Order No.: 930021092-U50 PRELIMINARY REPORT Property Address: APN: 205-280-16 Dated as of; October 14,2010 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form - Modified (11-17-06) Page 1 ^ Order No.: 930021092-U50 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Santa Rita Investment Company, a Califomia corporation 3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form - Modified (11-17-06) Page 2 \tj Order No.: 930021092-U50 LEGAL DESCRIPTION THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH 61°2r00" WEST, A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MAGNOLIA AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180. PAGE 305 OF DEEDS; THENCE SOUTH 28°39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 1121. PAGE 465 OF DEEDS; THENCE SOUTH 61°21 '00" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27°27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLL\ AVENUE; THENCE NORTH 61°21'00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN: 205-280-16 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 W Order No.: 930021092-U50 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 - 2011 1" Installment: $6,284.77 Penalty: $628.47 (Due after December 10) 2"'' histallment: $6,284.77 Penalty and Cost: $638.47 (Due after April 10) Homeowners Exemption: $None Code Area: 09000 Assessors Parcel Number: 205-280-16 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of Califomia 3. Water rights, claims or title to water, whether or not shown by the public records. 4. The rights of the public in and to that portion of the herein described land lying within Magnolia Avenue. 5. An Agreement, and the terms and conditions as contained therein Dated: July 1,2010 By and Between: Santa Rita Investment Company, Inc., and Del Mar Mesa LLC Recorded: October 5. 2010 as Instrument No. 2010-0530862 of Official Records Regarding: Memorandum of Option Reference is hereby made to said document for fiill particulars. 6. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 Order No.: 930021092-U50 SCHEDULE B (continued) 7. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a fiill copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 5 W Order No.: 930021092-U50 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. 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 of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: This Company will require the following in order to insure title in, or a conveyance from, the entity named below. Name: Santa Rita Investment Company, a California corporation (A) A copy of the By-Laws or Articles of Association (sometimes known as the "agreement" or "charter"). (B) A copy of a Resolution of the Association approving the present transaction and identifying the subject land. The resolution should also state that the transaction is necessary for the business purposes of the association and should name the parties who are authorized to execute documents for the association. GP CLTA Preliminary Report Form - Modified (11-17-06) Page 6 W W Order No.: 930021092-U50 INFORMATIONAL NOTES (continued) ATTACHMENT ONE PRfVACY STATEMENT IMPORTANT INFORMATION; For those of vou receiving this report bv electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 CHll^GO TITLE INSURANCE COMP.WY Fidelity National Financial Group of Companies' Privacy Statement July 1,2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your fransactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by govemment entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to thu-d-party confractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) o ATTACHMENT ONE AMERICAN LAND TITLE ASSOCUTION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1 Govemmental police power, and the existence or violation of any law or govemment regulation. This includes building and zoning ordinances and also laws and regulations conceming: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any right, interests, or claims of parties in possession of the land not shown by the public records 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records This does not limit the forced removal coverage in Item 12 of Covered Title Risks Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded fl'om the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental 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 llie 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 govemmental 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 govemmental 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 resuhing 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. 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. 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 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 bankmptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, 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 shovra 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 attorneys' fees or expenses) which arise by reason of 3. Easements, liens or encumbrances, or claims thereof which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records Attachment One (11-17-06) Page 9 ATTACHMENT ONE W (CONTINUED) AMERICAN LAND TITLE ASSOCUTION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE 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, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 govemmental 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 govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. 2. Rights of eminent domain imless 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) 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 Icnown 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) aRaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 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 applicable doing business laws of the state in which the land is situated. 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 tmth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the h'ansaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer resuhs from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1. 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 Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shovra by the public records. (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 shovra by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. Attachment One (11-17-06) (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 11, 13, or 14); or Page 10 ATTACHMENT ONE (CONTINUED) (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 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. 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 tt'ansfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, 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 resuh 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. attorneys' fees or expenses) that arise by reason of: 3. Easements, liens or encumbrances, or claims thereof, not shovra 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. AMERICAN LAND TFTLE ASSOCIATION OWNER'S POLICY (10-17-92) 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, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 govemmental 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 govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. 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 occurted prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankmptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 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. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11-17-06) Page 11 ATTACHMENT ONE (CONTINUED) 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, attomeys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental 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 govemmental 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 Insiu'ed under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 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 tt'ansfer for any reason not stated in Covered Risk 9 of this policy Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instmment 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 3 (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. Any facts, rights, interests, or claims that are not shown in 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. Easements, liens or encumbrances, or claims thereof not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (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. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, 1. Govemmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations conceming: a. building b. zoning c. Land use d. improvements on the Land e. Land division f environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing sh'uctures, or any part of them, to be constmcted in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: attorneys' fees, and expenses resulting from: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a, that are created, allowed, or agreed to by You, whether or not they appear in the Public Records, b, that are Known to You at the Policy Date, but not to Us, unless they appear 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,d, 22, 23, 24 or 25. 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 sti'eets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. Attachment One (11-17-06) Page 12 W' ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A, The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Your Deductible Amount 1,00% of Policy Amount or $ 2.500,00 (whichever is less) Our Maximum Dollar Limit of Liabihtv $ 10.000,00 Covered Risk 15: 1.00% of Policy Amount or $ 5.000.00 (whichever is less) $ 25,000.00 Covered Risk 16: 100% ofPolicy Amount or $ 5.000.00 (whichever is less) S 25.000.00 Covered Risk 18: 1.00% ofPolicy Amount or $ 2.500.00 (whichever is less) $ 5.000.00 ALTA EXPANDED COVERAGE RESIDENTLVL LOAN POLICY (10/13/01) 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 ovraership or a change in the dimensions or areas 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 govemmental regulations, except to the extent that s 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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) 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 Knovra 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 (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 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 applicable doing business laws of the state in which the Land is situated. 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, except as provided in Covered Risk 27, or any consumer credit protection or tmth in lending law. Real property taxes or assessments of any govemmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 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 limit the coverage provided in Covered Risk 8 Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Knovra to the Insured at: (a) The lime of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a resuh of the modification than it would have been t)efore the modification. This exclusion does not limit the coverage provided in Covered Risk 8, The failure of the residential structure, or any portion thereof to have been constmcted before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Attachment One (11-17-06) Page 13 (continued) You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11 -17-06) Page 14 > 3 3 9 O D S-«» r- o 8 0 y 1 ° ^ i. i. y o> 5" ?" Oi o x> O Ol Ko oa Co $" <D Q. CD Ot scauMi/itarMMea MAP 560B-GRECOURT TERRACE MAP 5157-GLENVIEW ESTATES MAP 1661-THUM UANDS 205 — 28 1" = {QC CHA trMJCfmm NO mtmi it o o C ft a- f) U I APR 0 31996 (D Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Dlego, CA 92108 (619) 521-3400 Title Department: Escrow Department; Chicago Title Company Chicago Titie Company Attn: Tom Votel/Ken Cyr Attn: Janine Hudson Email: votelt(g':Ctt.com & ken.cyrfojctt.com Email: janine.hudson@ctt.com Phone: (619) 521-3553 & (619) 521-3555 Fax: (619)521-3608 Order No.: 930016540-U50 PRELIMINARY REPORT Property Address: 1369 Magnolia Avenue Carlsbad, Ca.92008 Dated as of: FEBRUARY 10,2010 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded fl'om coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion fi"om the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certam coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available fi-om the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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 carefulty 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 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form - Modified (11-17-06) \ I W \^ Order No.: 930016540-U50 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Anthony G. Cassolato, a married man, as his sole and separate property, subject to exception no. 9 of Schedule B herein. 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form - Modified (11-17-06) Page 2 ^ Order No.: 930016540-U50 LEGAL DESCRIPTION THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH 61°2r00" WEST, A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MAGNOLL\ AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180. PAGE 305 OF DEEDS; THENCE SOUTH 28°39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 1121. PAGE 465 OF DEEDS; THENCE SOUTH 61°2r00" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27°27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLIA AVENUE; THENCE NORTH 61°2r00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN; 205-280-16 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 ^ Order No.: 930016540-U50 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 - 2011 that are a lien not yet due. 2. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 - 2010 1" histallment: $5,665.11, paid 2"** histalhnent: $5,665.11 Penalty and Cost: $576.51 (Due after April 10) Homeowners Exemption: $none Code Area: 09000 Assessors Parcel Number: 205-280-16 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of Califomia 4. Right of the public to use that portion of said land lying within the hereinafter named street as it now exists Street Name: Magnolia Avenue 5. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $1,000,000.00 Dated: April 20, 2006 Trustor: Anthony G. Cassolato Trustee: Fidelity National Title Insurance Company Beneficiary: Wells Fargo Bank, N. A., a National Association, its successors and/or assigns Loan Number: Cassolato Recorded: April 24. 2006 as Instrument No. 2006-283385 of Official Records 6. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $205,000.00 Dated: April 20,2006 Tmstor Anthony G. Cassolato Tmstee: American Securities Company Beneficiary: Wells Fargo Bank, N. A. Loan Number: Cassolato Recorded: April 24. 2006 as Instrument No. 2006-283386 of Official Records CLTA Preliminary Report Form - Modified (11-17-06) Page 4 w W Order No.: 930016540-U50 SCHEDULE B (continued) 7. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $31,000.00 Dated: April 11,2008 Tmstor: AJ Pacific Homes LLC, a Califomia limited liability company Trustee: Foreclosure Consultants, Inc., a Califomia corporation Beneficiary: Hoosiers Unlimited, Inc., a Califomia corporation Loan Number: Not shown Recorded: Mav 1. 2008 as Instmment No. 2008-234960 of Official Records An assignment of the beneficial interest under said Deed of Tmst which names: As Assignee: Frank Schaefer, Administrator of Frank Schaefer Constmction, Inc., Pension Plan Recorded: January 22. 2009 as Instmment No. 2009-29269 of Official Records A Notice of Default under the terms of the Deed of Tmst Executed By: Action Foreclosure Services, Inc. Recorded: Mav 6. 2009 as Instmment No. 2009-237420 of Official Records A Substitution of Tmstee under said Deed of Tmst which names the substituted Tmstee, the following Tmstee: Action Foreclosure Services, Inc. Recorded: June 15. 2009 as Instmment No. 2009-322315 of Official Records 8. A Tax Lien for the amount shown and any other amounts due, in favor of the State of Califomia Amount: $1,383.38 Filed By: Franchise Tax Board Taxpayer: AJ Pacific Homes LLC Certificate No.; 09153607675 Recorded: June 10. 2009 as Instmment No. 2009-314953 of Official Records 9. The Community Interest of the Spouse of the Vestee named below: Vestee: Anthony G. Cassolato 10. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof This office must be notified at least 7 business days prior to the scheduled closmg in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. CLTA Preliminary Report Form - Modified (11-17-06) !5 C ^ Order No.: 930016540-U50 SCHEDULE B (continued) 11. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 6 W w Order No.: 930016540-U50 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. 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 of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: This Company will require the following in order to insure title in, or a conveyance fi-om, the entity named below. Name: Santa Rita Investments Company (Buyer) (A) A copy of the By-Laws or Articles of Association (sometimes known as the "agreement" or "charter"). (B) A copy of a Resolution of the Association approving the present transaction and identifying the subject land. The resolution should also state that the transaction is necessary for the business purposes of the association and should name the parties who are authorized to execute documents for the association. MLM. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 ^.^rder No.: 930016540-U50 INFORMATIONAL NOTES (continued) ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION; For those of vou receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Report Form - Modified (11-17-06) Pages GO TITLE INSURANCE COMPAM Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by govemment entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Poiicies Regarding The Protection Of The Confldentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intmsion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) W ATTACHMENT ONE (CONTINUED) AMERICAN LAND TfTLE ASSOCIATION LOAN POLICY (10-17-92) WFTH ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following manns are expressly excluded &om 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 govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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) enviroiunental protection, or Ihe effect of any violation of these laws, ordinances or govenunental regulations, except to the extent that a notice of Ihe enforcement thmof 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 ofPolicy. (b) Any governmental police power not excluded by (a) above, except lo the extent that a notice of the exercise thereof or a notice of a defect, Uen or encumbrance resulting firom 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 fix>m coveiage 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) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in Ihe 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 (except lo the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under constmction or completed at Date of PoUcy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of the Uen of the insured mortgage because of the inability or failure of the insured al Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, lo comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of Ihe 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. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Dale of Policy and is not fiiunced in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of tlie operation of federal bankruptcy, slate insolvency, or similar creditors' rigbis laws, that is based on: (i) the transaction creating the interest of Ihe insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from Ihe feilure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued lo afford eitlier Standard Coverage or Extended Coverage. In addition lo the above Exclusions from Coverage, the Exceptions from Coverage in a Staitdard Coverage policy will also include Ihe following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does nol insure against loss or damage (and the Company will not pay costs, 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 resutt in taxes or assessments, or notices of such proceedings, whether or nol shown by the records of such agency or by the public records. 2. Any feds, rights, interests or claims which are nol 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 tiiereof attorneys' fees or expenses) which arise by reason of: 3. Easements, liens or encumbrances, or chiims IhereofI which are not shown by die public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other fiids which a correct survey would disclose, and which are not sliown 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 tide to water, whetter or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-0«) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and tbe 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) die chancier, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of buid; or (iv) envitonmental piotection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coveiage provided under Covered Risk 3. Attachment One (11-17-06) (b) Any governmental police power. This Exclusion 1(b) does nol modify or limit the coverage provided under Covered Risk 6. Rights of eminent domaia This Exclusion does not iziodify or limit the coverage provided under Covered Risk 7 or 8. 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 PoUcy, but Known to die Insured Claimant and not disckised in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under Ais policy, (c) resulting in no loss or damage to tbe Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit ttie coverage provided under Covered Risk 11,13, or 14); or Page 11 ATTACHMENT ONE (CONTINUED) (e) resulting in loss or damage that would nol have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 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. Invalidity or unenforceabihty in whole or in part of the lien of the Insured Mortgage that arises out of the n^nsaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or trulb-in-lending law. Any claim, by reason of the operation of federal bankniptcy, state insolvency, or siim'iar 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 nol stated in Covered Risk 13(b) of this pohcy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and Ihe date of recording of die Insured Mortgage in tbe Public Reconls. 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, ta 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 tbe Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 3. Easements, liens or encumbrances, or claims thereof, not shown by (a) Taxes or assessments that are nol 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 io taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the PubUc Records. Any fads, rights, interests, or claims that are nol 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. the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tide that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tide to water, whether or not the matters excepted under (a), (b) , or (c) are shown by Ihe Public Recods. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 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 govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ij) the character, dimensions or location of any improvement now or hereafter erected on Ihe 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) envirorunental protection, or Ihe 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 ofPolicy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of die exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged viobtion affecting the land has been recorded in tlie public records at Date ofPolicy. 2. Rights of eminent domain uidess notice of the exercise thereof has been recorded in the public records at Dale of Policy, but not excluding from coverage any taking which has occurred prior lo Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) nol 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 tbe date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to Ihe insured claimant; (d) attaching or created subsequent to Date ofPolicy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal banki\q>tcy, state insolvency, or similar creditors' rights laws, dial is based on: (i) die transaction creating die estate or mterest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential bansfer except where the preferential transfer results firom the &ilure: (a) to timely record die instrument of transfer; or (b) of such recordation to impart notice lo a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions fix>m Coverage, the Exceptions Sxm Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. Proceediiigs by a public agency which may result in taxes or assessmoHs, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any &cts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inflection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims diereo^ which are not shown by the public reconls. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other &cts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented milling claims; (b) reservations or exceptions in patents or in Acts authorizing tbe issuance thereof; (c) water rights, claims or title to water, v/bdiba or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11-17-06) Page 12 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters ate 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 govemmental regulation (including those relating to budding and zoning) resbicting, 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) envirorunental 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 Ihe coverage provided under Covered Risk 6 2. Rights of eminent domain. This Exclusion does nol 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 die Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the bsured Claimant became an Insured under this policy; (c) resulting in no loss or damage lo the Insured Claimant; (d) attaching or created subsequent to Date of Pohcy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankmptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A >s (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential bansfer for any reason not staled in Covered Risk 9 of this policy. Any lien on die Title for real estate taxes or assessments imposed by governmental audiority and created or attaching between Date of Policy and the dale of recording of Ihe deed or other instrument of bansfer in die 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, die 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: 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 pubUc agency that may resuh in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by die Public Records. 2. Any facts, rights. Interests, or claims that are nol shown in the PubUc Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing Ihe issuance diereof; (c) water rights, claims or tide to water, whether or not Ihe matters excepted under (a), (b), or (c) are shown by the Public Records. CLTA HOMEOWNER'S POLICY OF TIFLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, I. Govemmental police power, and the existence or violation of any law or govemment regulation. This includes ordinances, laws and regulations conceming: a. budding b. zoning c. Land use d. improvements on the Land e. Land division f environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at tbe Policy Date. This Exclusion does not Umit die coverage described in Covered Risk 14, 15, 16,17 or 24. 2. Tbe &Uure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of budding codes if notice of the violation appears in the Public Reconls at the Policy Date. 3. The right to lake the Land by condemning it, uidess: costs, attomeys' fees, and expenses resulting from: a. a notice of exercising the right appears in die Public Records at the Policy Date; or b. tbe taking happened before the PoUcy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a dial are created, allowed, or agreed to by You, whether or nol they appear in the PubUc Records; b. dial are Known to You A the Policy Date, but not to Us, uidess diey appear in the PubUc Records at the Policy Dale; 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.d, 22,23,24 or 25. 5. Faduie to pay value for Your Tide. 6. Lack of a right: a. to any Land outside die area specifically described and lefeired to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land This Exclusion does not Umit tbe coverage described in Covered Risk 11 or 18. Attachment One (11-17-06) Page 13 W ATTACHMENT ONE (CONTINUED) LIMFTATIONS ON COVERED RISKS Your iosunuice for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liabdity shown in Schedule A The deductible amounts and maximum dollar Umits shown on Schedule A are as follows: Covered Risk 14: Your Deductible Amount LOQ% of Policy Amount or S 2.500.00 (whichever is less) Our Maximum Dollar Limit of Liabdity S 10.000.00 Covered Risk 15: 1.00% ofPolicy Amount or $ 5000.00 (whichever is less) i 25.000.00 Covered Risk 16: L00% ofPolicy Amount or S 5.000.00 (whichever is less) S 25.000.00 Covered Risk 18: 1.00% ofPolicy Amount or S 2.50O.0O (whichever is less) $ 5.000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY {10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of diis policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: I. (a) Any law, ordinance or govenunental regulation (including but not Umited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or eojoyment of tlie 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 areas of Ihe 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 die extent that s notice of die enforcement thereof or a notice of a defect, Uen or encumbrance resulting fitim a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of PoUcy. This exclusion does not limit the coverage provided under Covered Risks 12,13, 14, and 16 of dus policy. (b) Any governmental poUce power not excluded by (a) above, except to die extent diat a notice of die exercise thereof or a notice of a defect, Uen or encumbrance resulting 6om a violation or alleged violation affecting the Land has been recorded in the Public Records at Dale of PoUcy. This exclusion does not limit die coverage provided imder Covered Risks 12,13,14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the PubUc Records at Date of PoUcy, but not excluding from coverage any taking which has occmred prior to Date of Policy which would be binding on the rights of a purchaser fbr value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matteis: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the PubUc Records at Date of Policy, but Known lo 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 poUcy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does nol limit the coverage provided under Covered Risks 8, 16, 18, 19,20,21,22,23,24,25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of die lien of the Insured Mortgage because of die inabiUty or failure of the Insured at Date of Policy, or the inabdity or lailure of any subsequent owner of the indebtedness, lo comply with applicable doing business laws of the stale in which the Land is situated Invalidity or unenfrirceability 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, except as provided in Covered Risk 27, or any consumer credit protection or bulli in lending law. Real property taxes or assessments of any govemmental authority which become a Uen on the Land subsequent to Date of PoUcy. This exclusion does nol limit the coverage provided under Cover«l Risks 7,8(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mongage as to advances or modifications made after the Insured has Knowledge diat the vestee shown in Schedule A is ao longer the owner of the estate or interest covered by this poUcy. This exclusion does not limit the coverage provided in Covered Risk 8, Lack of priority of the Uen of the Insured Mortgage as lo each and every advance made after Date of PoUcy, and ali interest charged dieieon, over Uens, encumbrances and other matteis affecting tbe tiUe, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the tenns of die Insured Mortgage which changes the rate of interest charged, if the rale of Interest is greater as a resuh of the modification dian it would have been before the modification. This exclusion does not Umit die coverage provided in Covered Risk 8. The fedure of the residential sbudure, or any portion thereof to have been constnictBd before, on or after Date of Policy in accordance with appUcable budding codes. This exclusion does not apply to violations of budding codes if notice of the violation appeals in the PubUc Records at Dale ofPolicy. Attachment One {11 -17-06) Page 14 (continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11-17-06) Page 15 Ill llllllill 1 111 tn 11-llllllill 11 1 111 1 ir 1 1 1111rrr 1 2 3 4 .5 6 SCMEM1/10 OF MWCH Dnco auin issams MAP 205 — za CHA JUr mnumi « ATM 10 M »*« 75« 76 f7-7f M MM tn •T MAP 5608-GRECOURT TERRACE MAP 5157-GLENVIEW ESTATES MAP 1681- THUM LANDS o o o 3 <-»• 3 C ft CL APR 0 31996 RECORDED AT THE REQUESr 0. CHICAGO Tiae CO. Santa Rita Investments Company WHEN RECORDED MAIL TO: Santa Rita Investments Company 1007 "B" Avenue, #207 Coronado, Ca 92008 7456 DOCtt 2010-0335780 Illliiiiiiil JUL 02, 2010 8:00 AM OFRCIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 308.00 OC: OC PAGES; lllllillllllllll SPACE ABOVE THIS UNE FOR RECORDER'S USC APN:: 205-280-16 GRANT DEED THE UNDERSIGNED GRAIiTOR(S)DEaARE(S); ^ pQCUMEm-ARYTTWNSFERTAXIs i^lS^^ OTY TAX Is ^ computed on the fuH value of the property conveyed, or • computed on full value less value of liens or encumbrances remaining at the time of sale, Q Realty not sold D Unincorporated area IS) City of Carisbad, and FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, William J, Cavanaugh ^ msii/^' '-^ VA&v^ hereby GRANT(S) ta Santa Rita Investment Company, a California corporation the following described real property In the Oty of Carisbad , County of San Dlego, "State of California: As shown in Exhibit "A" attached hereto and made a part hereof, and commonly known as 1369 Magnolia Ave. Dated: VVjjVtU. '^ijO 7457 STATE OF CALIFORNIA COUNTY OF Sag Dlego } SS: On. before me, Janine Hudson, Notary Publjc (here insert name and title of the officer) personally appeared _ w)}o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/theIr authorized capaclty(tes), and that by hIs/her/theIr slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fpreaglng paranrflptilg trug anri wrrert. WITNESS my hand and official seai. Signature. JWIINE HUDSON I COMM #1804807 m •ANweoocouMrv (This area for notary stamp) 7458 EXHIBIT A THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1(581, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLL\ AVENUE WHICH IS SOUTH 61«2r00" WEST. A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MAGNOLIA AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180, PAGE 305 OF DEEDS; THENCE SOUTH 28"'39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 1121, PAGE 465 OF DEEDS; THENCE SOUTH 6r2r00" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27<'27'30" WEST. A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAONOLL^ AVENUE; THENCE NORTH 61 "21 '00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN; 205-280-16 i CAUFORNIA LAND TITUE ASSOCIATION STANDARD COVERAGE POUCY 1990 COPY CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date ofPolicy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Ude to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the tide; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest tide to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date ofPolicy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE 2365 NORTHSIDE DRIVE, SUITE 600 SAN DIEGO, CA 92108 CHICAGO TITLE INSURANCE COMPANY By: ATTEST: President Secretary Reottler Form No. 8223 (Reprinted 10/00) CLTA Standard Coverage Policy - 1990 EXCLUSIONS FROM COVERAGE The following matters ai« expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costo, attorneys' fees or expenses which arise liy reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to iHiiiding and zoning laws, ordinances, or regulations) lestriet- Ing, regulating, prohiliiting or relating to (i) the occupancy, use, or enjoyment of the land; (li) the character, dimensions or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownenhip or a change In the dimensions or area of the land or any paroei of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmentel regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. Hen or encumbrance resulting from a violatton or alleged violation affecting the land has been recorded In ttie put>lic records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. 2. Righte 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 teking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defecto, Hens, encumbrances, adverse claims or other mattere: (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 tlw 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 the estate or Interest insured by this policy. 4. Unenforceability of the Hen of the insured mortgage because of the Inability or failure of the Insured at Date of Policy, or the InabHIty or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state In which the land is situated. 5. invalidity or unenforceability of the Hen 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 tending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or intetest insured liy this policy or the transaction creating the interest of the Insured lender, by reason of the operation of federal bankruptcy, state insohwncy, or similar creditore' righto laws. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following tenns when used In this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase Including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality wtiicti is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipula- tions. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Scfiedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart construc- tive notice of matters affecting the land. (f) "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in at>utting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- ing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of F>olicy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter affecting the titie to the land, not excluded or excepted from coverage, which woukJ entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase t>y virtue of a contrac- tual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE (a) Aftor Acquisition of Title by Insured Lender. If this policy insures the owner of the Indebtedness secured by the insured mortgage, the coverage of this policy shall continue in fOrce as of Date of Policy in favor of (i) such insured who acquires all or any part of the estate or interest in the land tiy fbreck>sure, trustee's sale, conveyance In lieu of forectosure, or other legal manner which discharges the lien of the insured mortgage; (il) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the Insured corporation, and their corporate successors t>y operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (ill) any governmental agency or govemmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of Insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue In force as of Date of Policy in favor of an insured only so fong as the insured retains an estate or interest In the land, or hokls an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of cove- nants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any pur- chaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance tty an insured lender shall in neither event exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) the amount paid by any ^vemmental agency or governmental instm- mentality, if the agency or instrumentality is the insured claimant, in the acqui- sition of the estate or interest In satlstaction of Its insurance contract or guar- anty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which Is adverse to the title to the estate or Interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this poltey, or (iii) if title to the estate or Interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that Insured all lietbillty of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced t)y the failure and then onty to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by an insured and subject to the optfons contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse fo the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its cfraice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not t>e liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred l>y the insured in the defense of those causes of action which allege mattere not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may t>e necessary or desirable to establish the title to the estate or interest or the lien of the Insured mortgage, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate actfon under the terms of this policy, whether or not it shall t>e liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise Its righta under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or Interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right. In its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide tor the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured tor this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Com- pany all reasonable aid (i) In any action or proceiading, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, irvslud- ing any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of foss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against tiy this policy which constitutes the basis of foss or damage and shall state, to the extetrt possible, the basis of calculating the amount of the loss or damage. If the Company Is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigatfon, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce tor examination, inspection and copying, at such reason- able times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date betore or after Date of Poltoy, which reasonably pertain to the loss or damage. Further, if requested by any author- ized representative of the Company, the insured claimant shall grant its per- mission, in writing, for any authorized representativeof the Company to exam- ine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be discfosed to othera unless, in the reasonable judgment of the Company, it is necessary In the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary informatton from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addittonal options: (a) To 1^ or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this poltoy together with any costa, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy t>y the owner of the indebtedness secured by the insured mortgage, to purchase the indebted- ness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay If the Company offere to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebted- ness and the insured mortgage, together with any collateral security, to the Company upon payment theretor. Upon the exercise by the Company of the optton provided for in paragraph a(i), all liability and obligations to the insured under this poltoy, other than to make the payment required in that paragraph, shall terminate. Including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided tor in paragraph a(ii) the Company's obligation to an insured lender under this policy for the claimed foss or damage, other than the payment required to be made, 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 settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle 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 which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided tor in paragraphs (b^l) or b(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, prose- cute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or. If applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (II) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulattons, at the time the loss or damage insured against by this policy occure, together with interest thereon; or (iii) the difference t>etween the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described In Section 2(a) of these Conditions and Stipulations or has conveyed the title, then ttie liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an Insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the Insured estate or interest as insured and the value of the Insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses Incurred in accordance with Section 4 of these Conditions and Stipulattons. o. Limi IMI lUN ur kiADiki I r (a) If the Company establishes the title, or repmes the alleged defect, lien or encumbrance, or cures the lack of a right o^Jbss to or from the land, or ' cures the claim of unmarketability of title, or otn^ise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigatton and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable tor any loss or damage caused theret)y. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability tor loss or dam- age until there has been a final determination t>y a court of competent jurisdic- tion, and disposition of all appeals therefrom, adverse to the title or, if applica- ble, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for toss or damage to any insured for liability volufvtarily assumed t>y the insured in settling any claim or suit wittKHit the prior written consent of the Company. (d) The Company shall not be liable to an insured lender ton (i) any indet>t- edness created subsequent to Date of Poltoy except tor advances made to protect the lien of the insured mortgage and secured theret>y and reasonable amounts expended to prevent deterioration of Improvementa; or (ii) construc- tion loan advarwes made subsequent to Date of Policy, except constmction loan advances ntade subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABIUTY (a) All payments under this poltoy, except paymente made tor costs, attor- neys' fees and expenses, shall reduce the amount of the insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided In Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of the insurance aftorded under this policy as to any such insured except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of Insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insur- ance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipula- tions. 10. LIABILITY NONCUMULAflVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay 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 hereafter exe- cuted by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner The provisions of this Section shall not apply to an insured lender, unless such Insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent ot loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter 12. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitied to all rights and remedies which the insured claimant would have had against any jserson or property in respect to the claim had this policy not been issued. If requested by the Company, the Insured claimant shall transfer to the Company all rights and remedies against any jierson or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the ' insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and reme«**"*\in the proportion which the Company's payment beara to the whole am4^^f toss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costa of collection. If toss stwukl result from arry act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Insured's Righto and Umltatioiw. Notwithstanding the toregoing, the owner of the indebtedness secured by an insured mortgage, provkled the priority of the Ken of the insured mortgage or ita enfOrceabili^ is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acta of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of the insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against t}y this policy which shall exceed the amount, if any, k»t to ttie Company by reason of the impairment by the insured claimant of the Compa- ny's right of subrogation. (c) The Company's Righto Against Non-insured OMIgors. The Company's right of subrogation against non-insured obligora shall exist and shall irKlude, without limitation, the rigtvts of the insured to iiKtom- nities, guaranties, other poltoles of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisitton of an insured mortgage by an obligor (except an obligor descrit>ed in Section 1(a)(li) of these Conditions and Stipulattons) who acquires the insured mort- gage as a result of an indemnity, guarantee, other policy of insurance, or txind and the obligor will not be an insured under this |x>licy, notwithstanding Sec- tion 1(a)(i) of these Condittons and Stipulattons. 13. ARBITRATION Unless prohibited by applicable law, either the Company or the Insured may demand arbitratton pursuant to the Title Insurance Arbitratton Rules of the American Arbitration Association. Arbitrable mattere 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 of the Company in connec- tion with its issuance or the breach of a policy provision or other obiigatton. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be aribitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitra- tion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rutos in effect at Date of Policy shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is tocated permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto t>y the Company is the entire policy and contract between the insured and the Com- pany In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and whtoh arises out of the status of the lien of the insured mortgage, or of the title to the estate or interest covered hereby, or by any action asserting such claim shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY In the event any provision of this ixilicy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provlston and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the Issuing office or to: Cliicago Title Insurance Company National Claims Administration P.O. Box 45023 WOrderNc: 930O15137-U5O POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $575,000.00 Premium: $1,491.00 Date ofPolicy: June 30, 2010 at 3:43 pm 1. Name of Insured: William Cavanaugh, an unmarried man 2. The estate or interest in the land which is covered by this policy is: A Fee 3. Title to the estate or interest in the land is vested in: William Cavanaugh, an unmarried man 4. The land referred to in this policy is described on the attached exhibit. Countersigned by: Authorized Signatory CLTA STANDARD COVERAGE - 1990 Page 1 s^rder No.: 930015137-U50 SCHEDULE A (continued) EXHIBIT "A" THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH 6l°2r00" WEST, A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MAGNOLIA AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180. PAGE 305 OF DEEDS; THENCE SOUTH 28°39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 1121. PAGE 465 OF DEEDS; THENCE SOUTH 61°2r00" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27°27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLIA AVENUE; THENCE NORTH 6l°2r00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN: 205-280-16 CLTA STANDARD COVERAGE - 1990 Page 2 W W>rderNo.: 930015137-U50 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PARTI 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. PART II 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 - 2011 that are a lien not yet due. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of Califomia 3. Right of the public to use that portion of said land lying within the hereinafter named street as it now exists Street Name: Magnolia Avenue END OF SCHEDULE B CLTA STANDARD COVERAGE - 1990 Page 3 :}U9UJUioo OOOINIIAI -JSPJO ,, ^ ., L dBed l sQBed pa/os/ss 8Z 90Z dejfii jossassv VD'oBdjQ UBS :uo!iduos9a rTbw»M>iiD'«ii8>r«*nn»BirriiiyosBa*t IB iiMiirr is >ssniB w Accuwr of iw luw aowi. tsstgars >>«(a5 BAT coiriY wm locii MMWSIW « aiicw oi»w<)i^ a e TT B i -a so w » 91 \ ii 3 i S \ 1 CD NOTICE OF EXEMPTION o To; SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: PCD 10-02/CDP 10-28 - 1369 Magnolia Avenue Parcel Map . Project Location - Specific: 1369 Magnolia Avenue, APN 205-280-16 Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Request to subdivide one parcel. 0.82 acres in size, into three single-family lots, including two adjoining panhandle lots. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: William Cavanaugh Name of Applicant: same as above Applicant's Address: P.O. Box 235709. Encinitas. CA 92024 Applicant's Telephone Number: (619) 507-2727 Exempt Status: {Checli One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); 13 Categorical Exemption - State type and section number: Minor Land Divisions. 15315 • Statutory Exemptions - State code number:_n/a • General rule (Section 15061 (b)(3)) Reasons why project is exempt: The 3-lot subdivision is proposed on a 0.82-acre property which is located in an urbanized area zoned for residential development. The project is in conformance with the General Plan and zoning ordinance; no variances or exceptions are required: all services and access to the proposed parcels are available: the parcel was not involved in a division within the last two years; and the parcel does not have an average slope greater than 20 percent. Lead Agency Contact Person: Shannon Werneke Q 77 DON NEU, City Planner Date received for filing at OPR;^ I County MARi Telephone: (760)602-4621 THE COUNTY CLCRK ^ MUM. tmeslj Dronenburg. Jr . Recorder Coiinl; Clerk 1 uiego County on '^etu.med io agency on I 8 W MAR 2 2 2 011 Jeputy. BY " . Revised Ufc^tyauTY state of California—The Resources Agi m DEPARTMENT OF FISH AND GAME 2011 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARS RECEIPT* • 502011 0228 CITY OF CARLSBAC "jTATECLEARING H0USE#ftfapp/fca6te; MAR 20 2011 = LEADAGENCY CITY OF CARLSBAD PlANNiNG DEPARTMENT DATE 03-22-2011 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUIVIENTNUIVIBER *20110228* PROJECTTlUE PCD 10-02/CDP 10-28 -1369 MAGNOLIA AVENUE PARCEL MAP PROJECTAPPLICANT NAME WILLIAM CAVANAUGH PHONENUMBER 619-507-2727 PROJECT APPLICANT ADDRESS PO BOX 235709 CITY ENCINITAS STATE CA ZIP CODE 92024 PROJECT APPLICANT (Check appropriate box): Q Local Public Agency • School District • Other Special District • State Agency Q Private Entity CHECK APPLICABLE FEES: Q Environmental Innpact Report Q Negative Declaration Q Application Fee Water Diversion (State Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Progranns • County Administrative Fee Q Project that is exempt from fees Q Notice of Exemption Q DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit Q Check • Other 5263 $2,839.25 $ $2,044.00 $ $850.00 $ $965.50 $ $50,00 $ TOTAL RECEIVED $50.00 $50.00 SIGNATURE X Kesian TniE Deputy lllllllllllllllllllllllllllllllllllllllllllllll ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) State of Califomia—The Resources AJI^^ DEPARTMENT OF FISH AND GAME 2011 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARS: RECEIPT* SD2011 0228 STATE CLEARING HOUSE # (if applicable) LEADAGENCY DATE CITY OF CARLSBAD 03-22-2011 COUNTY/STATEAGENCYOF FILING DOCUMENTNUMBER SAN DIEGO *20110228* PROJECTTITLE PCD 10-02/CDP 10-28 - 1369 MAGNOLIA AVENUE PARCEL MAP PROJECTAPPLICANT NAME WILLIAM CAVANAUGH PHONENUMBER 619-507-2727 PROJECT APPLICANTADDRESS PO BOX 235709 CITY ENCINITAS STATE CA ZIP CODE 92024 PROJECT APPLICANT (Check appropriate box): Q Local Public Agency Q School District • Other Special District • State Agency • Private Entity CHECK APPUCABLE FEES: Q Environmental Impact Report Q Negative Declaration Q Application Fee Water Diversion (State Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs County Administrative Fee Q Project that is exempt from fees 13 Notice of Exemption Q DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit • Check • Other 5263 $2,839.25 $2,044.00 $850.00 $965.50 $50.00 $50.00 TOTAL RECEIVED $ $50.00 SIGNATURE X Kesian TITLE Deputy ORIGINAL - PROJECT APPUCANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) NOTICE OF EXEMPTION To: SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: PCD 10-02/CDP 10-28 - 1369 Magnolia Avenue Parcel Map Project Location - Specific: 1369 Magnolia Avenue. APN 205-280-16 Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Request to subdivide one parcel, 0.82 acres in size, into three single-family lots, including two adjoining panhandle lots. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: William Cavanaugh Name of Applicant: same as above Applicant's Address: P.O. Box 235709. Encinitas. CA 92024 Applicant's Telephone Number: (619) 507-2727 Exempt Status: {Checic One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: Minor Land Divisions. 15315 • Statutory Exemptions - State code number:_n/a • General rule (Section 15061(b)(3)) Reasons why project is exempt: The 3-lot subdivision is proposed on a 0.82-acre property which is located in an urbanized area zoned for residential development. The project is in conformance with the General Plan and zoning ordinance: no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division within the last two years; and the parcel does not have an average slope greater than 20 percent. L^ead Agency Contact Person: Shannon Werneke Telephone: (760) 602-4621 ' ' nt OFFICE OF JHE QQIINTY CLERK 3-/7-// uiegg.Qounty on JZ^OZM? DON NEU, City Planner •'osteti. 7011 -Removed. Date received for filing at OPR:.,^.,,^-^ ,. ^ veturned lo agency on L Kesian— (? D [L S>'m trneslJ Dwnenhurg. .ir. Recorder Coum\ Clerk MAR 222011 BY Kesian ErCst J. Dronenburg, Jr. O COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 244915620110322 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 22-Mar-2011 13:43 FEES: 50.00 Qty of 1 Fee Notice of Exemption for Reffi NOE: 0228 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents VCARLSBAD Planning Division www.carlsbaclca.gov PLANNING COMMISSION NOTICE OF DECISION March 17, 2011 Steven Barger Barger Engineering 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: PCD 10-02/CDP 10-28 -1369 MAGNOLIA AVENUE PARCEL MAP At the March 16, 2011 Planning Commission meeting, your application was considered. The Commission voted 7-0 to approve your request. The decision of the Planning Commission will become final on March 26, 2011. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Shannon Werneke at (760) 602-4621 or shannon.werneke@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:SW:bd c: Mr. William Cavanaugh, P.O. Box 235709, Encinitas, CA 92023 Mr. Todd Kesseler, T&M Construction Inc., 140 E. Stetson Avenue, Ste. 301, Hemet, CA 92543 Data Entry File enc: Planning Commission Resolution No. 6765 and 6766 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-502-4600 F 760-602-8559 ® 4.'^ CITY OF VXARLSBAD Planning Division FILE COPY www.carlsbadca.gov NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON March 18. 2011 Filing Date: March 18, 2011 Decision Date: Application #: PCD 1Q-02/CDP 10-28 Case Name: 1369 Magnolia Avenue Parcel Map Applicant: ' William Cavanaugh. Santa Rita Investment Co. Agent (if different): jT/a Address: P.O. Box 235709. Encinitas, CA 92024 Address: n/a Phone: March 16,2011 (619)507-2727 Phone: n/a Project Description: Reguest for approval of a Coastal Development Permit and Planning Commission Determination to subdivide one parcel. 0.82 acres in size, into three single-family lots, including two adjoining panhandle lots, generally located on the south side of Magnolia Avenue, east of Yvette Wav and west of Highland Avenue. Project Location: APN 205-280-16. 1369 Magnolia Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. ACTION: • • APPROVED APPROVED WITH CONDITIONS DENIED (Copy affinal resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: NOT APPEALABLE TO THE COASTAL COMMISSION. • APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 750-502-4600 F 760-502-8559 ® NOTICE OF EXEMPTION c o FILE COPY To: SD County Clerk From: CITY OF CARLSBAD Attn: Linda Kesian Planning Division Mail Stop A-33 1635 Faraday Avenue 1600 Pacific Highway Carlsbad CA 92008 San Diego CA 92101 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title: PCD 10-02/CDP 10-28 - 1369 Magnolia Avenue Parcel Map Project Location - Specific: 1369 Magnolia Avenue. APN 205-280-16 Project Location - Citv: Carlsbad Project Location - County: San Diego Description of Project; Request to subdivide one parcel. 0.82 acres in size, into three single-family lots, including two adjoining panhandle lots. Name of Public Agency Approving Project; City of Carlsbad Name of Person or Agency Carrying Out Project; William Cavanaugh Name of Applicant; same as above Applicant's Address; P.O. Box 235709. Encinitas. CA 92024 Applicant's Telephone Number; (619)507-2727 Exempt Status; {Cliecic One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: Minor Land Divisions. 15315 Q Statutory Exemptions - State code number: n/a • General rule (Section 15061(b)(3)) Reasons why project is exempt: The 3-lot subdivision is proposed on a 0.82-acre property which is located in an urbanized area zoned for residential development. The project is in conformance with the General Plan and zoning ordinance; no variances or exceptions are required: all services and access to the proposed parcels are available; the parcel was not involved in a division within the last two years; and the parcel does not have an average slope greater than 20 percent. L^e^d Agency Contact Person: Shannon Werneke Telephone; (760) 602-4621 ZLM 3-/7-// DON NEU, City Planner Date Date received for filing at OPR: Revised 06/10 1-^ m m •a a- 3- tO a o a C3 CD nj ru tr CD • U.S. Postal Service™ CEf?TIFIED MAIL™ RECEIPT^ (Domestic Mail Only; No Insurance Coverage /^B^ed) For delivery information visit our website at vww.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pos* Postmark Here r^alifnrni^a r^r^^.^t-^1 ^ • _• Sertt To "Stfeei'Api orPOBoXi Cify'siaie' California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 SENDER: COMPLETE Ti Complete items 1, 2, and Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to; California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 COMPLETE THIS SECTION Q*U3EL/l'Ef?y D. Is deliveryciddress oil If YES, ent( eijlellvery addn 3. Service Type ^'J^^I-" /S[£;ertified Mail CTfi^ss Mail • Registered ..^^iieturn Receipt for Merchandise • Insured Mail • C.O.D. 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number- (Transfer from service label) 7DDT SESD DDDD SmT 6331 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 AO o FILE copy €^ CITV OF -3-3-/( VXARLSBAD Planning Division www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, March 16, 2011, to consider a request for the following: CASE NAME: PCD 10-02/CDP 10-28 - 1369 Magnolia Avenue Parcel Map PUBLISH DATE: March 4, 2011 DESCRIPTION: Request for approval of a Planning Commission Determination and Coastal Development Permit to subdivide one parcel, 0.82 acres in size, into three single-family lots, including two adjoining panhandle lots, generally located on the south side of Magnolia Avenue, east of Yvette Way and west of Highland Drive within the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zone 1. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shannon Werneke in the Planning Division at (760) 602-4621, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. Coastal Commission Appealable Project: I I This site is located within the Coastal Zone Appealable Area. 1^ This site is not located within the Coastal Zone Appealable Area. ^ Application deemed complete: 01/24/2011 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © SITEMAP N NOT TO SCALE 1369 IVIagnolia Avenue Parcel Map PCD 10-02/CDP 10-28 o o FILE COPY VCARLSBAD Planning Division www.carlsbadca.gov I EARLY PUBLIC NOTICE | PROJECT NAME: 1369 Magnolia Avenue PROJECT NUMBER: CDP 10-28/PCD 10-02 This early public notice is to let you know that a development application for a three-lot subdivision within your neighborhood was submitted to the City of Carlsbad on October 12, 2010. The project application Is undergoing Its Initial review by the City. LOCATION: 1369 Magnolia Avenue PROJECT DESCRIPTION: The applicant Is requesting approval of a Coastal Development Permit and Planning Commission Determination for the subdivision of an existing 0.82-acre lot Into three parcels, Including two adjacent panhandle lots. Access Is proposed to be provided by a 20-foot-wlde shared private driveway adjacent to the western property line. Please keep in mind that this Is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project Is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Shannon Werneke, Associate Planner, at shannon.werneke@carlsbadca.gov, (760) 602-4621, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SITEMAP NOT TO SCALE 1369 Magnolia Avenue PCD 10-02/CDP 10-28 1369 MAGNOLIA AVENUE PROPOSED TENTATIVE PARCEL MAP PCD-KH}2,CDP 10-28,us-io^ GENERAL INFORUAVON: tar MK rwr MN.; HOC. cuT/m anoMi uMHED som asmcT CMLSBM) mtnfM. wot OSWcr arror cwsaw IH MOIMC MIS fBT JKK * IKS t cuesf sracfs '.(SO C»D i WU a.u ocDCs / cm AOSS fa I • «.*" ST Pa i - aj» y/mai sr PO. J - SF / HS» «3 I - J« SF/ KM) SF FEU) suncr remncD ccwrnt XI'2006 ue arr OF cMLaw iw nf WOMTriMP MtrpatmvoF nucrw OF tc MUUUMIS. w K on- OF CMinw. own- OF S*« o«a SWIE OF auroMA. MxaoK m tup maar m IMI. FUD m M omcz DF nc amurr KsotoBi or oeco ctuMrr. ofco«e» i igis. PROPERTY ADDRESS: SMM DM wvEsncMr cawuNi' ASSESSOR'S P/fiCa WUXSfB: xs-iao-it SFTBACK TARIF KM RPl Amtt fS; OHWER/DgfiOPER: p««c- (tisy-xr-gnr aVIL ENONEER: csxMim. c* ma5-r4« an OF cm9*D atwmoio WP JM-S IJ«-IO SMtET I OF Z «-4 SIOT 5 OF 5 if*-a. «n I or s EARTHWORK: LEGEND (XNERAL NOTES: 1 DC pumc MO Momur FD« PMca i is sBtcr m» 2 »C ROnnc Ml MtMCCKRF R» PMCELS I M) J Ml. SF J nc irmnas <uc WOURCD FD* PMt&s; MC J nSF DEPr. WOtFS; BUUMG STAOUC eosiNc seKR luw cesmc mint MW EDSIN: fiE HtDRwr EBSWC WER VIS; pngpoXD r xm) MW neu s-s PRDPOXP Sne» M«Ml£ vt S'7 MOPOSD «' KW( UR9U1 PCT 5-IJ nici>0S[) I' PVC MiE* soriKF PER V-I —o 1 nc ENCieR DF MW SHMl FKOMC »tT SUMKS n»rS CERJTtWC M*r ME omnnis MC cwMOf OF SUPPORIMC f»t DST. leiOfs 2 nc SURFACE cruim XPT. *azss mufEs SMU ec CF M M6nia<s '.Vl menorsm»c£Mmi, eestrte TOCMKTJ mmiM taott CF now AIMS PCV AIOI toatt ABBREVIATIONS: GRAPHIC SCALE MV (• CUSS 2 ACOCCtC S4SE OM WGREaiCMSE uTiwrcoNnnE SOnOUOF (PiL IMMr-OC-WI' snERctcwvr HP cr (u« fsp OF MUK; am * n/TOi (Tw-jlV SECTION A-A F)(i<;mr, uAGNaiA AVENUE AOTcac * OMPACiS a faKHcT rvHC/u. Dff/VFty^y SECTION B-B PROPOSED J' IfGFMCT 5iyAt£ BARGER £^G1NEE8ING •VC ptO) MJ-4I17 - f JJC (J»0) I4S-tI17 ENGWEER OF WORK SrEVCM J. 8MCCR CITV APPROVED CHJWCES I: SET Z.5' my IN WORTH axe FACE OF RECORD ntOM: CiSB- _ DATUM; Sfffi 6B • PBWATECOIITTWCT PROPoes) mrAvm AVKS. AMP C*UFORWI* COOWawTE IWOEX: [BJaHEEinsnRsiir- Ul UJ2 PROPOSED CONCEPTUAL GRADING 1369 MAGNOLIA AVENUE TENTATIVE PARCEL MAP PCD-KH)ZCDP 10-28.MS-IO^ ) ^of^C^ 205-280-17 t' «w»"s fXfST. axNi «W »" SCUD WMO iwi - sFcnow E-C PROPOSED PRIVATE DRIVE & WAIL LESM SiCTigN F-F PROPOSED PRIVATE DRIVE & WALL GRAPHIC SCALE EMsiMc nc Hiou«r fJOSnc WIER tciEff pRDPoap r snc MMV PER S-S PWFOSED SE«eR PW PREWSED JERER OIM-OJI PfR S-J PROPOaP 4" SEICR WlBtAt PER S-rJ — nKPOSCD I'PK WCR SERMX PCR »i-f — pnopoac MiiEn »)E MUlC PER R-w — PROPOSED MUEN ICIER SW — PR(«»E[1 RETMWC t«U — o ABBREVIATIONS: - o'swrrace iMsawriMu 1/ occomntc OP i SECTION G-G PROPOSED PRIVATE DRIVE A WAIL »S1HLT (XUCKIt Bonai OF Mui QMVIE lUSIMRV UMT FH9€B float m9< auoe lor iff nc H-atmi nwB sutFxcf OTER POROjtW IZKNf CORCRfC P0«» PClf mUT-OC-mr sew a&Houj JVfiF ewe wnriMjK ENCWEER OF HOKK. BARGER ENGINEERING ENCIN£ER OF WORK mVEN J. WRCCR cnr APPROVED CHANGES It SET 2.5' DISK IN MQHTH CURB F*CE OF C^mffitn VMtcE WIVE. RECOnO FROM: ELEVATKM jjlj Xi, PHVATE CONTRACT SHEET 11 OrrOPCMUWD !| s OntMQNOLMAIGWE PROFOeB) TBfTATWE FAKB. Wf C*LIFO"NM COOROIHATE INDEX: XXH-KXXX BT BT BT |^»ojEcr UBHO-04 | o z S IU III z 5 z UI le III Of n is PROPOSED LOT SECTIONS 1369 MAGNOLIA AVENUE TENTATIVE PARCEL MAP PCD-10-OZ COP K>-28. US-KHM 100 90 80 70 60 50 40 w. X' MU. MBCHT UMI ! laoo'- •• IJOO' -7.00--. sm f -4 100 90 ' 80 " 70 ^ J' MC KKEHIEE Sm. "^60 SCCTyPM C-C A/OffFH gU/LDWG ELEVATION (LOOKING SOUTH) SCALE: )•= !0' GRAPHIC SCALES I JO' NM HBO" uwr 3 OR—^ I funER \ llilillliirilllililll pmfvsm ntSH HOOK 1" SJirr'' It* JO' MU. fOSHTa fKPOSD SMUWC SnC RMCa J SEC770N D-D WEST BUILDING ELEVATION (LOOKING EAST) SCALE: I •= W GRAPHIC SCALES EWCWgEW Of IKfllf- BARGER ENGINEERING ENCINEER OF WOflK I. BADGER R.C£.: SASie CITY APPROVED CHANCES DCSCnPTKW: SET 2.5- DISK IN NOftlH CURB FACE OF UXAVOH: W0H1H CURB OF C«RLg«D VHIACE DRIVE. 0.1 Ml »csi OF twum DRwt: RECORO FROM: QSB-l?? OfVATION: DATUM: NAVD BB PWATE CONTRACT orropCNUWD OKUACMOUAAVBUE PnOPOSED TBirATItE PAACS. M4P C*UFOHW» COOWIIWATE WDCX: XXK-MOOl E«>«ct M9-1(H>4 u ae UI OJ. if St m.. IllZ RECEIVED JAN 0 5 2011 CITY OF CARLSBAD PLANNING DEPT o ATTACHMENT "2" CERTIFICATION OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on ^ M (DATE) SIGNATURE: PRINT NAME: W' » c. ixx. C 5 PROJECT NAME: \ <^ H j 46 (( <j PROJECT NUMBER: ^ ^ / LOCATION: RETURN TO: (Planner) CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue Carlsbad, CA 92008-7314 m r- oi m ru • • • CD IT ru D a HI d P- U.S. Postal Service ™ ^TIFIED MAIL™ RECEIPT (l^^stic Mail Only; No Insurance Coverage For delivery information visit our website at www.usDS.com^ #% mm r h i f 1** i 11 Q ^ 1 mm 1 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To JA ''Sireet,'AptNo.J' or PO Box No. City, State'ZIPi'4" PS Form 3800. AugusI 2006 CALIFORNIA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 See Reverse for Instructions COMPLETE THIS SECTION O^ELIVERY • Complete Items 1, 2, and ^. Also complete Item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. A. Signatu X •K/ yf • Agent VlU 1 • Addressee • Complete Items 1, 2, and ^. Also complete Item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. B. Re^ve d ^jjPn|7(y3|Wamej of D|^llvery 1. Article Addressed to: CALIFORN)l{^ COASTAL COMMISSION STE ao3 J D. Is delivery address different from Item 1? U Yes If YES, enter delivery address below: • No 7575^I^ROPOLITAN DR '• SAN DIEGO CA 92108-4402 3. Service Type | '^^Ibertified Mall • Express Mall • Registered ''J0-a^turn Receipt for Merchandise • Insured Mail • C.O.D. 7575^I^ROPOLITAN DR '• SAN DIEGO CA 92108-4402 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number (Transfer from service label) 7010 OETO 0000 7ESa 73m PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CITY OF V CARLSBAD Planning Division www.carlsbadca.gov January 24, 2011 Steven Barger Barger Engineering 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: PCD 10-02/CDP 10-28 - 136* MAGNOLIA AVENUE- CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION Tiiis is to advise you tliat after reviewing the application for tlie project referenced above, tlie 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 Guidelines Section 15315, Minor Land Divisions. 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 sum of $50.00 payable to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Shannon Werneke, at (760) 602-4621 or shannon.werneke@carlsbadca.gov. Sincerely, DON NEU, AlCP Planning Director DN:SW:bd c: Mr. William Cavanaugh, P.O. Box 235709, Encinitas, CA 92023 Chris DeCerbo File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 1760-502-4600 F 750-602-8559 @ LAND DEVELOPMENT ENGINEERING MINOR SUBDIVISION NOTICE OF COMPLETION TO PLANNING Date; 12-09-10 To: Shannon Werneke , Project Planner From: Steve Bobbett ' , Project Engineer ext.: 2747 Project ID: MS 10-04 Date Application Deemed Complete: 12-06-10 Project Name: 1369 Magnolia Avenue Tentative Parcel Map This minor subdivision application was deemed complete on the date noted above. After the environmental determination is made for this project, please complete the section below and return this form to the project engineer. ENVIRONMENTAL DETERMINATION EXEMPT FROM CEQA Per CEQA Section: Date of Determination of Exemption:. •NEGATIVE DECLARATION / MITIGATED NEGATIVE DECLARATION •ENVIRONMENTAL IMPACT REPORT REQUIRED Initials ^ Date cc: Senior Management Analyst, CED File DocDR-06-15 08/30/2010 CITY OF CARLSBAD LANDSCAPE PLAN REVIEW AND COMMENT MEMO FILE COPY DATE: FEBRUARYS. 2011 PROJECT NO(S): DWG NO: CDP 10-28/PCD 10-02 N/A REVIEW NO: 2 PROJECT TITLE: 1369 MAGNOLIA AV PARCEL MAP APPLICANT: BARGER ENGINEERING PROPOSAL: 3 LOT TENTATIVE PARCEL MAP ON EXISTING .82 ACRE LOT TO: • • • Landscape Plancheck Consultant - PELA Land Development Engineering-Terie Rowley CMWD -Ela Karczweski I I San Diego County Department of Health (via Ela Karczweski) (with check made payable to the County) Maintenance and Operations - Pam Adams •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments to the PLANNING TRACKING DESK in the Planning Department by 02/16/11. If you have "No Comments", please so state. Thank you COMMENTS: Signature PLANS ATTACHED Review & Comment.Landscape Date 03/10 February 7, 2011 TO: Shannon Wemeke, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 2"'' Review 1369 Magnolia Avenue, CDP 10-28, PCD 10-02 PELA file: 416 -1369 Magnolia Avenue - Con2 Project Designer: Barger Engineering, Phone: (760) 743-4217 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. I- 9 Completed. 10. Pleaso provide a Water Conservation Plan in conjunction with the Landscape Concept Plan. This plan shall demonstrate to the City how the proposed development will use all practical means available to conserve water in the landscape. 2"^^ Review: Please revise the Marathon II - Dwarf Fescue to a more drought tolerant non-invasive grass such as Car ex divulsa - Berkeley Sedge. The Carex would be plantedfrom plugs spaced at 6" on center or 1 gallon containers planted at 12 " on center. II- 12 Completed. 11 RETURN REDLEVES and provide 2 copies of all plans (concept, water conservation) on the next submittal. CITY OF CARLSBAD PLANNING DEPARTMENT Sl<v*^ ^kokh>ddlr REQUEST FOR CONDITIONS DATE: JANUARY 11. 2011 FINAL REVISED PLANS INCLUDED • TO: ^ LAND DEVELOPMENT ENGINEERING - TERIE ROWLEY • POLICE DEPARTMENT-J. SASWAY FIRE DEPARTMENT-JAMES WEIGAND • BUILDING DEPARTMENT-WILL FOSS • RECREATION - MARK STEYAERT • LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR CONDITIONS ON PROJECT NO(S): PCD 10-02/CDP 10-28 PROJECTTITLE: 1369 MAGNOLIA AV APPLICANT: BARGER ENGINEERING Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 01/25/11. If you have "No Conditions", please so state. Please note that time is of the essence, as the staff report preparation has begun. If you have any questions, please contact SHANNON WERNEKE. at EXT 4621. THANK YOU COMMENTS: I n^^^/jhj ^<^i/) ^/-^^y) s //^///^ A^. Signature Date c: File Request for Conditions 3/10 CITY OF CARLSBAD PLANNING DEPARTMENT REQUEST FOR CONDITIONS DATE: JANUARY 11. 2011 FINAL REVISED PLANS INCLUDED • TO: ^ LAND DEVELOPMENT ENGINEERING - TERIE ROWLEY • POLICE DEPARTMENT-J. SASWAY K FIRE DEPARTMENT-JAMES WEIGAND • BUILDING DEPARTMENT-WILL FOSS • RECREATION - MARK STEYAERT • LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR CONDITIONS ON PROJECT NO(S): PCD 10-02/CDP 10-28 PROJECTTITLE: 1369 MAGNOLIA AV APPLICANT: BARGER ENGINEERING Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 01/25/11. If you have "No Conditions", please so state. Please note that time is of the essence, as the staff report preparation has begun. If you have any questions, please contact SHANNON WERNEKE. at EXT 4621. THANK YOU COMMENTS: Signature Date c: File Request for Conditions 3/10 PROJECT NUMBER: Discretionary Review Checklist ^10-02 CtP (O-J!? BUILDING ADDRESS: -Ponto Beachfront Villaeie ffiQj)0^^^^. PROJECT DESCRIPTION: TPM to Create 3 separate lots ASSESSOR'S PARCEL NUMBER: -210-140-17/'^6- 2oS~ Z^~ll^ FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: g.Rycm/ Date: 08/09/10 DENIAL Please see the attached report of deficiencies marked with 13. 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: By: By: Date: Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: Greg Ryan, Fire Specialist II City of Carlsbad ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 REVIEW CHECKLIST SITE PLAN ^ STi 2^°S 3RDffl • • • 1. Access: D Fire Department access inadequate. Provide fire access road in accordance with CMC 17.04.010. This access shall provide an unobstructed width of 24 feet, and a unobstructed vertical clearance or "clear-to-sky". • Gates. Gates securing access roads shall provide a clear opening of 16 feet in width, be provided with Optical pre-emptive sensing equipment and an approved keyed override switch • 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. o Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. WATER IMPROVEMENT .|STa 2^01 3RDB • • • 1. Hydrants Additional on-site public water mains and fire hydrants are required. n Provide additional fire hydrants at intervals of 300 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. • Provide additional fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. • Provide additional fire hydrants at intervals of 1000 feet along public streets LANDSCAPE • • • 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. • Fire Control maintenance responsibility. Provide a maintenance plan which identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. • Access for emergency vehicles and maintenance. Provide access to all designated fire suppression zones for emergency vehicles and maintenance. FIRE SPRINKLERS ^ STi 2^01 3RD1 • • • 1. An automatic fire sprinkler system is required for this project because: • This project is located on a street that does not meet the minimum street width of twenty-eight (28) feet in a fire hazard zone. • This project is accessed from a Private street or driveway less than 24 feet in width. • This project is located on a street, access roadway or driveway that exceeds the maximum gradient of 10.0% (5.7degrees). • This project is located less than ten (10) feet from adjacent buildings (eave to eave) • The center or the furthest most wall or projection of the dwelling exceeds 150 feet from the "Center-line" of the nearest fire department access. This distance is measured along a patii tliat simulates tlie route a firefigiiter may tal<e to access all portions of tire exterior of a structure from ttie nearest public road or fire access road. • This project exceeds or expands the aggregate floor area of five-thousand (5,000) square feet. Mezzanines and garages siiall be included in the aggregate square footage calculation. Detached buildings such as cabanas, pool houses, 'granny flats'and the //Tee shall be included in the total square footage if they meet any of the above conditions. • • • 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. • • • 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS • • • 4. You will be required to install a one inch (1") or greater water service and water meter. 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. January 21, 2011 TO: Shannon Wemeke, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 1*^ Review 1369 Magnolia Avenue, CDP 10-28, PCD 10-02 PELA file: 416 - 1369 Magnolia Avenue - Conl Project Designer: Barger Engineering, Phone: (760) 743-4217 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. 1. Please delete "unless turned over to the City". Please also indicate if all areas are to be maintained by each private lot owner or by an HOA. 2. Please show and label the property lines, right-of-way lines, and all easements on the landscape plans. 3. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. It is noted that there is a large existing Oak tree on site that should remain. Please show this and other woody plant material indicating the disposition of each. 4. All planting areas shall be outlined as one of the four planting zones below and described in Appendix A: Zone One Lush Zone Two Refined Zone Three Naturalizing/Transitional Zone Four Native 5. Please indicate the following percentages; a. Percent of the total site used for landscaping b. Percent of the landscaped area (as defined in Appendix G) of each planting zone as described in Section A.5-3 and Appendix A. 6. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. 7. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street comers within a triangular zone drawn fi-om two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please show all vehicular sight lines on the plans and insure these requirements are met. 8. Please provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. Q 1369 Magnolia Avenue January 21,2011 Conceptual Plan Review Page 2 9. Locate street trees: a. A minimum of 3' outside the public right-of-way. b. A minimum of 5' from paving. c. A minimum of 7' from any sewer line. d. Not in conflict with public utilities. e. Not to be allowed on street comers within a triangular zone drawn from two points, 25' from the beginning of curves and end of curves or within sight lines as described under "Sight Distance" above. (See Appendix C.4). 10. Please provide a Water Conservation Plan in conjunction with the Landscape Concept Plan. This plan shall demonstrate to the City how the proposed development will use all practical means available to conserve water in the landscape. 11. Water Conservation Plans shall include but not be limited to: a. Extent of Planting Zone 1 (Lush) - Indicate percentage of Zone 1 planting (per Appendix A) of the total landscaped area (as defined in Appendix G). Provide justification for the appropriateness of where Zone 1 plantings are used in terms of water conservation. (For example, are Zone 1 plantings in areas of shade where they will use less water and/or has the soil been suitably amended so as to retain relatively greater moisture?) b. Proposed turf areas. (See limitations in IV.C.3-4.2) Give percentage of turf of the total landscaped area. c. Accommodations for recycled water (existing or future) and outline planting areas proposed to use recycled water. d. Written description of water conservation features including addressing xeriscape principles (see Appendix B) within the project. e. Provide a colored plan showing potable and recycled water use areas. 12. Please add the following notes to the plans: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards; a. Standard 1 - Cover Crop/Reinforced Straw Matting; Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide frill coverage within one year). c. Standard #3 - Low Shmbs 1369 Magnolia Avenue January 21, 2011 Conceptual Plan Review Page 3 Low spreading woody shmbs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size), d. Standard #4 - Trees and/or Large Shmbs Trees and/or large shmbs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes - 6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1, #2 and #3. c. In excess of 8' in vertical height require Standards #1, #2, #3, and #4. Areas graded flatter than 6; 1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions; a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 13 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) on the next submittal. CITY OF CARLSBAD PLANNING DEPARTMENT REQUEST FOR CONDITIONS FILE COPY DATE: JANUARY 11, 2011 FINAL REVISED PLANS INCLUDED • TO: LAND DEVELOPMENT ENGINEERING - TERIE ROWLEY • POLICE DEPARTMENT-J. SASWAY 13 FIRE DEPARTMENT - JAMES WEIGAND • BUILDING DEPARTMENT-WILL FOSS • RECREATION - MARK STEYAERT • LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR CONDITIONS ON PROJECT NO(S): PCD 10-02/CDP 10-28 PROJECTTITLE: 1369 MAGNOLIA AV APPLICANT: BARGER ENGINEERING Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 01/25/11. If you have "No Conditions", please so state. Please note that time is of the essence, as the staff report preparation has begun. If you have any questions, please contact SHANNON WERNEKE. at EXT 4621. THANK YOU COMMENTS: Signature Date File Request for Conditions 3/10 CITY OF CARLSBAD ^ REVIEW AND COMMENT MEMO FILE COPY DATE: JANUARY 11. 2011 PROJECT NO(S): CDP 10-28/PCD 10-02 REVIEW NO: 1 PROJECTTITLE: 1369 MAGNOLIA AV APPLICANT: BARGER ENGINEERING TO: Q Land Development Engineering-Terie Rowley I I Police Department - J. Sasway I I Fire Department - James Weigand I I Building Department-Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Thomas Moore I I Water/Sewer District 1X1 Landscape Plancheck Consultant - PELA I I School District I 1 North County Transit District - Planning Department I I Sempra Energy-Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 01/25/11. 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 03/10 6»> CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: OCTOBER 13. 2010 PROJECT NO(S): CDP 10-28/PCD 10-01, REVIEW NO: 1 PROJECTTITLE: 1369 MAGNOLIA AV PARCEL MAP APPLICANT: TODD KESSELER; T 8i M CONSTRUCTION TO: • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - James Weigand Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Thomas Moore Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 11/03/10. 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 immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you / COMMENTS: _ ^C\lv^^^^ • Signature Date PLANS ATTACHED Review & Comment 03/10 CITY OF CARLSBAD REVIEW AND COMMENT MEMO 6^ DATE: OCTOBER 13. 2010 PROJECT NO{S): CDP 10-28/PCD 10-Ot^ REVIEW NO: 1 PROJECT TITLE: 1369 MAGNOLIA AV PARCEL MAP APPLICANT: TODD KESSELER; T 8i M CONSTRUCTION TO: M M • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - James Weigand Building Department-Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Thomas Moore Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 11/03/10. 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 immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: ^ / Signal Signature Date PLANS ATTACHED Review & Comment 03/10 Q CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: OCTOBER 13. 2010 PROJECT NO(S): CDP 10-28/PCD 10-02. REVIEW NO: 1 PROJECT TITLE: 1369 MAGNOLIA AV PARCEL MAP APPUCANT: TODD KESSELER; T 8t M CONSTRUCTION TO: • • • • • • • • Land Development Engineering-Terie Rowley Police Department - J. Sasway Fire Department - James Weigand Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Thomas Moore Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 11/03/10. 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 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 03/10 ^ CARLSBAD CITY OF Memorandum October 19, 2010 To: Shannon Werneke, Project Planner From: Steve Bobbett, Project Engineer/ Via: Glen Van Peski, Senior Civil Engineer Re: PROJECT ID: CDP 10-28 PROJECT NAME: 1369 MAGNOUA AV PARCEL MAP APN: 205-280-16 FIRST COMPLETENESS AND ISSUES REVIEW Land Development Engineering has completed the first review of the above-referenced project for the application's completeness and for engineering issues of concern. The application and plans submitted are incomplete as submitted. Below we have listed incomplete items that should be submitted or addressed prior to the project receiving a complete review. ENGINEERING INCOMPLETE ITEMS: 1. Provide an updated title report or policy reflecting Santa Rita Investment Company as owner. Beiow we have listed Engineering Comments that should be forwarded to the applicant and made a part of the project record. ENGINEERING COMMENTS: 1. All other comments will be addressed via the engineering review of MS 10-04 Please advise of pending project determination to allow sufficient time for completion of Engineering Conditions to be a part of the project approval. If you or the applicant has any questions, please either see or contact me at 760-602-2747 or via e-mail at steve.bobbett@carlsbadca.gov. Steve Bobbett Associate Engineer Land Development Engineering Community & Economic Development j^^P 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: OCTOBER 13. 2010 <^ {Oils' PROJECT NO(S): CDP 10-28/PCD 10-Oj* REVIEW NO: 1 PROJECT TITLE: 1369 MAGNOUA AV PARCEL MAP APPLICANT: TODD KESSELER; T 8i M CONSTRUCTION TO: • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - James Weigand Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Thomas Moore Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 11/03/10. 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 immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature ^-PtAtJS AHACflFD Date Review & Comment 03/10 CITY OF CARLSBAD REVIEW AND COMMENT MEMO FILE COPY DATE: OCTOBER 13. 2010 PROJECT NO(S): CDP 10-28/PCD 10-01 REVIEW NO: 1 PROJECTTITLE: 1369 MAGNOUA AV PARCEL MAP APPUCANT: TODD KESSELER; T 8i M CONSTRUCTION TO: • • • • • • • • Land Development Engineering-Terie Rowley Police Department - J. Sasway Fire Department - James Weigand Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Thomas Moore Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 11/03/10. 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 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 03/10 When recorded please niail to: William Cavanaugh POB 235709 ErKanitas,CA 92023 sanburv(Siaol.conn 619 5072727 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON FEB 24,2012 DOCUMENT NUMBER 2012-0107558 Ernes! J. Dronenburg, Jr. COUNTY RECORDER SAN DIEGO COUNTY' RECORDER'S OFFICE TIME: 3:58 PM Covenants, Conditions and Restrictions THIS AGREEMENT fbr the CCR's, maintenance/repair of that certain private road easement and landscaping adjacent to private road , the legal description and/or plat of which is set fbrth in E}diibit A attached hereto and made a part hereof, is entered into between William Cavanaugh (hereinafter referred to as "DEVELOPER") for the benefit of future subdivision parcel owners who will use the private road easement (hereinafter referred to as "PARCEL OWNERS", which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any parcel or parcels). WHEREAS, this Agreement is required as a condition of approval by the City of Carlsbad of a Subdivision project located at 1369 Magnolia Avenue in Cartsbad, Ca 92008 and, WHEREAS, DEVELOPER is the owner of certain real property t>eing subdivided and developed as Single Family Residences on PARCEL 2 and PARCEL 3 (referenced in City of Carlsbad project #'s PCD 10-02, COP 10-28 and MS 10-04; Planning Commission Resolution Nos. 6765 and 6766) that will use and enjoy the benefit of said road easement. A connpieledescriplion ofsa id nsei property is attached, labeled Exhibit A,and incorporated by reference. Said real property is hereinafter referred to as the PROPERTY; And, WHEREAS, it is the mutual desire of the parties hereto that said private road easement be maintained in a safe and usable condition by the PARCEL OWNERS; and, WHEREAS, it is the mutual desire of the parties hereto to establish a method for the maintenance and repair of said private road easement and for the apportionment of the expense of such nwintenanoe and repair among existing and future PARCEL OWNERS; and. WHEREAS, the CITY shali be deemed a party hereto with the right but not the obligation to enforce full complianoe with the terms and conditions of this Agreement; and WHEREAS, it is the mutual intention of the parties that this Agreement constibite a covenant running with the land, binding upon each successive PARCEL OWNER of all or any portion of the property; NOW. THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property is benefitted by this Agreement, and present and successive PARCEL OWNERS of all or any portion of the property are expressly bound hereby for the benefit of Vne land. 2 The cost and expense of maintaining the private road easement AND landscaping adjacent to private road shall be divided equally anrxxw the subdivided parcels OWNERS OF PARCEL 2 and PARCEL 3 created in the subdivision and paid by tiie PARCEL 2 OWNER and PARCEL 3 OWNER or the heirs, assigns and successors in interest of each such owner. PARCEL 2 and PARCEL 3 OWNERS agree to keep an open view comdor along the 108 'property line to west of PARCEL 1 for PARCEL 1. No plants shall exceed height of any building on adjacent property 3; in tine event any cf tiie herein described parcels of land are subdivided further tiie PARCEL OWNERS, heirs, assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for ttieir then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 4. The repairs and rrtaintenanoe to be peribmr^d under tNs Agreement shall be limited to the following, unless the consent for additional wori< is agreed to by a majority vote of the PARCEL OWNERS owning 100% of tiie number of parcels, including subdivisions thereof as described in paragraph 3 above: Reasonable and normal road improvement and maintenance wori^ to adequately maintain said private road easement and related drainage facilities to permit all weatiier access. Repairs and maintenance under this Agreement shall include, but is not limited to, filling of ChucKholes, repairing cracks, repairing and resurfacing of roadtieds, repairing and maintaining drainage structures induding retaining walls, removing debris, maintaining signs, mariners, striping and lighting, if any, and other worii reasonably necessary or proper to repair and preserve tiie easement for all weather road purposes. Paroei 2 and Parcel 3 owners will provide weekly maintenance for the vegetated bioswale and the adjacent landscaping pursuant to Planning Commission No. 6766. Owners of Parcel 2 and 3 shall also share expenses related to maintenance of the retaining wall along western property line. The maintenance will include mowing of the grass and checking the irrigation system for proper operation and leaks. The combination retaining wall/above-grade wall along the western property fine shall have a decorative cap and finish to the satisfaction of the Planning Director, 5. If there is a covenant, agreement, or otiier obligation imposed as a condition of subdivision approval to make private road improvements to the private road easement, tiie obligation to repair and maintain tiie private road easement as herein set forth shall commence when tiie private road improvements have been completed and approved by the CfTY. 6 Any exti^ordinary repair required to correct damage to saki road easement that results from action taken or contracted for by parties hereto or their successors in interest shall be paid for by the party taking action or party contracting for wori< which caused the necessity for the extiraordinary repair. The repair shaU be su(tt as to restore the road easement to the condition existing prior to said damage. 7 It is agreed tiiat DEVELOPER is initially tiie agent to contract and oversee and do all acts necessary to accomplish tiie repairs and maintenance required and/or authorized under ttiis Agreement. The parties further agree ttiat the agent may at any time be replaced at the direction of a majority of the PARCEL OWNERS. Repair and maintenance woric on the private n^ad easement shall be commenced when a majority of ttie PARCEL OWNERS agrees in writing ttiat such woric is needed. The agent shall obtain tiiree bids from ^nsed contractors and shall accept ttie lowest of sakl ttinse bkls and shall then initiate the woric. The agent shall be paid for ail costs incurred, including a reasonable compensation for ttie agents services, and such costs shall be added to and paid as a part of ttie repair and maintenance cost; Provided, however, ttiat compensation for the agent's services shall in no event exceed an Amount equivalent to 10% of ttie actual cost of repairs and maintenance perfomied. In pertbmiing his duties, the agent, as he anticipates ttie need for funds, shall notify ttie parties and each party shall within forty-five (45) days pay the agent, who shall maintain a trustee account and also maintan accurate accounting records which are to be available for inspection by any party or auttiorized agent upon reasonable request. All such records shall be retained by ttie agent for a period of five years. 8. Should any PARCEL OWNER fail to pay the pro rata share of costs and expenses as provkied in ttiis Agreement, tiien ttie agent or any PARCEL OWNER or OWNERS shall be entitled wittiout further notice to institute legal action for ttie collection of funds advanced on b^alf of such PARCEL OWNER in accordance with ttie provisions of California Civil Code Section 845, and shall be entitied to recover in such action in addition to the funds advanced, interest tiiereon atthe current prime rate of interest, until paid, all costs and disbursement of such action, including such sum or sums as ttie Court may fix as and for a reasonable attorney's fees. 9. Any liability of tiie PARCEL OWNERS for personal injury to ttie agent hereunder, or to any woricer empkiyed to make repairs or provKie maintenance under ttiis Agreement, or to third persons, as well as any liability of ttie PARCEL OWNERS for damage to the property of agent, or any such wortcer, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, as between the PARCEL OWNERS in the same percentages as they bear ttie costs and expenses of such repairs and maintenance. Each PARCEL OWNER shall be responsible for and maintain his own insurance, if any. By this Agreement, the parties do not intend to provide for the sharing of liability with respect to personal injury or property damage ottier than ttiat attributable to ttie repairs and maintenance undertaken under this Agreement. Each of ttie PARCEL OWNERS agrees to indemnify tfie ottiers from any and all liability fbr injury to him or damage to his property when such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to ttiis Agreement 10. PARCEL OWNERS shall jointiy and severally defend and indemnify and hold hannless CITY, CITYS engineer, and their consultants and each of their officials, directors, ofFicens, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and ottier costs, including costs of defense and aittomey's fees, to the agent hereunder, or to any PARCEL OWNER, any contractor, any sut>contractor, any user of ttie road easement, or to any otiier third persons arising out of or in any way related to ttie use of, repair or maintenance of, or ttie failure to repair or maintain the private road easement. NoOiing in ttie Agreement, ttie spedffcations or otiier contiBct documents or CITYS approval of tiie plans and specifications or inspection of ttie woric is intended to indude a review, inspection, acknowledgment of a responsibility for any such matter, and CITY, CITY'S engineer, and tiieir consultants, and each of ttieir offidals, directors, officers, employees and agents, shall have absolutely no responsibility or liability therefore. 11. Developer agrees ttiat the surface of all fire department access routes shall be of an impervious "all weather/" surface material, designed to can7 a minimum load of 75,000 pounds axle weight' 12. Supplemental grading plans are required for precise grading associated with tiiis project, Developer shall prepare and submit for approval grading plans for the precise grading as shown on the tentative parcel map, all subject to City engineer approval. 13. Developer shall cause.PARCEL OWNER to submit to the city engineer for recordation a covenant of easement for private sewer potable water, drainage and reciprocal access purposes as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule.. 14. Developer shall design alternate proposed public improvements including but not limited to sewer Laterals, water service/meters, driveway approach and curt} drains, as shown on the tentative parcel map and shall execute a city-standard Minor Subdivision improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.76.07A for public improvements. These improvements shall be shown on one of the following, subject to dty engineer approval: a. Grading plans processed in conjunction with this project or b. Construction Revision to an e)dsting recorded public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations In accordance with ttie dty's current fee schedule. Developer shall apply for and obtain a right-of-way pemnit prior to performing work in the dty right-of-way w IN WfTNESS WHEREOF, ttie parties have executed ttiis Agreement on this_22. ^. ^„ day of n^Nixyvj , 20 J K DEVELOP^ Willifft J. Jfavanaugh Smtff CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Rle No: DTR'3877958 (SK) STATE OF Califomia )SS APN No: 205-280-16 COtJNTY OF <f^l),^, ) On Say\'0\Ca^^^ before me, Lci- Spirita , Notary Public, personally appeared Vi^lUtiH ll U^miLexr who proved to me on the baste of satis^dsry eiHence to be the persoi)(f) whose name(S) is/tfe subscribed to the wRhin instrumerrt and ackruwrtedged to me that he/$tfe/^Mby exeaitecl the same in his/Mr/tttCb- authorized capaclty(le^, and that by hls/ber/tt^^ signature}^ on the Instrument the personOOr or the enBty upon behalf of which the person^ acted, executed the instrument. I certjfy under PEMALTY OF PEiyURY under the laws of the State of California that the foregoing paragraph Is true and correct. wrTNESS my hand and omdal seal. I^'^**'^'-^"'-*^-^ ^ a • • • • i i This area for official notarial seal. OPTIONALSECnON CAPACITY CLAIMED SY SXGNER Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the documents. • INDIVIDUAL 0 CORPORATE OFRCERfS) TTREfS) 1 I PARTNERfS) • UMFTED • GENERAL • ATTiORNEY-IN'FACr I I TRUffTEEfS) I 1 GUARDIAN/CONSERVATOR • OTHER SIGNER IS REPRESENTING: Nairn of Peraon or Entity Name of Person or EnUty OPnONAL SECTION Though the data requested here Is not required by law, it could prevent fraudulent reattachment of Itils form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW THIE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ReprattUadlirFiniAnKricanTUItCenipirir )ll30t> m Number: CTR-3e77958 Exhibit "A" LetHrt DMcriptlon A.P.N.: 205-280-16 Real property In the City of Carlsbatl, County of San Diego, State of California, described as follows; Parcel 2 and Parcel 3 of Parcel Map No. 20955, in the Oty of Cartsbad, County of San Dlego, State of Califomia, nied In the office of the County Recorder of San Oleso County, February 21, 2012 as Instrument No. 2012-0096336 of Official Reconls. Shannon Werneke From: Shannon Werneke Sent: Thursday, December 29, 2011 2:59 PM To: Steve Bobbett Subject: RE: CCR 1369 Magnolia Avenue Steve, Below are nriy comments on the CC&Rs: 1. Include reference to project case #'s (PCD 10-02, CDP 10-28, MS 10-04) and Planning Commission Resolution Nos. (6765 and 6766) in the 2"'' "Whereas" 2. No. 23 of CC&Rs: add reference to maintenance of landscaping adjacent to bio-swale, as required pursuant to Planning Commission No. 6766. May also want to add reference to the "Whereas" on the first page. Should also address maintenance of wall- who's going to pay for what? 3. Add additional item referencing condition #16 of PC Resolution No. 6766- ensure that maintenance of landscaping is adequately addressed throughout CC&Rs. Thanks, Shannon ^ air af CARLSBAD Shannon Werneke Associate Planner 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov P: 760-602-4621 From: Steve Bobbett Sent: Thursday, December 15, 2011 11:28 AM To: Shannon Werneke Subject: FW: CCR 1369 Magnolia Avenue I forgot, you need to review these also, srb From: Sanbury@aol.com [mailto:Sanbury@aol.com] Sent: Tuesday, December 13, 2011 2:01 PM To: Steve Bobbett Cc: barger.steven@gmail.com Subject: CCR 1369 Magnolia Avenue Steve - Thanks for meeting with Steve Barger and I today to discuss finalizing the map for 1369 Magnolia Avenue , Carlsbad, CA 92008. Attached are the CC & R's with the additional's items requested included. 1 w Citv of Carlsbad Public Works Engineering Novembers, 2010 Todd Kesseler T&M Construction, Inc. 140 E. Stetson Ave., Suite 301 Hemet, CA 92543 2"" REVIEW OF APPLICATION PROJECT ID: MS 10-04 PROJECT NAME: 1369 Magnolia Avenue Tentative Parcel Map Thank you for your tentative parcel map application with the City of Carlsbad. The application referenced above has been reviewed and is incomplete as submitted. All items identified in the Incomplete Items list and Required With Next Submittal list must be included with the next submittal. The City has 30 days to make a determination of completeness after the next submittal. Once the application is deemed complete, processing for a decision on the application will be initiated. Also included in this letter is a list of preliminary issues of concern that have been identified thus far. Please be advised that additional issues of concern may be identified upon a complete submittal. All issues of concern must be resolved or adequately addressed prior to a determination being made to approve or deny the project. PRELIMINARY ISSUES OF CONCERN Engineering Department 1. Submit an executed copy of enclosed Tentative Parcel Map Waiver of Processing Time Limits E-16. 2. Identify the structure on proposed parcel 1 as existing per CDP 10-18. 3. More clearly identify the limits of the access, utility and drainage easements over the fee strips for proposed parcels 2 and 3. 4. Revise the potable water and sewer demand to reflect the three proposed parcels. 5. Remove ali duplicated information from sheet 2. 6. Move Sections E-E and F-F to sheet 2. Doc 0R^)6-19 07/31/3010 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^ c o Mr. Todd Kessler November 8, 2010 Page 2 7. Show the proposed public sewer extension in Magnolia Avenue. 8. Delete the duplicative water meter symbols shown along the fee strips for parcels 2 and 3. 9. Revise section B-B on sheet 2 to become Section G-G across the fee strips in front of parcel 2. 10. Move the top of slope along the west side of parcel 1 to the proposed parcel line between parcels 1 and 2. 11. Address other red line comments on enclosed copy of tentative parcel map. Fire Department 12. The applicant shall provide an appropriate turn-around plan based on the requirements of the CFC and the attached template. If driveways in front of residences are to be considered in this turning movement, then a RPE shall provide wet stamped plans certifying that the driveways are capable of supporting our vehicles. 13. 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 axle weight. See above item. Planning Department 14. Ensure that all comments per City of Carlsbad Planning Division letter dated November 1, 2010 regarding PCD 10-02 are addressed. REQUIRED WITH NEXT SUBMirm 1. Documents enclosed with this letter (listed below as enclosures). 2. Four (4) copies of revised tentative parcel map. Doc DR^)6-19 07/21/2010 Mr. Todd Kessler Novembers, 2010 Page 3 If you have questions regarding Land Development Engineering issues, please contact me at 760-602- 2747 or via email at steve.bobbett(a)carlsbadca.gov. For questions regarding Fire Department issues, contact Greg Ryan at 760-602-4663 or via email at Gregory.Ryan(5)carlsbadca.gov, and for Planning Department issues, contact Shannon Werneke at 760-602-4621 or via email at Shannon.Werneke@carlsbadca.gov. Sincerely, Steve Bobbett, P.E. Associate Engineer Enclosure(s): Engineering; First and second review MS redlines Engineering; E-16 TPM Time Limit Waiver Planning; First and second review MS redlines Planning; City of Carlsbad letter of Nov. 1, 2010 regarding PCD 10-02. Fire Department; Second review redlined MS 10-04 cc letter: Engineer of Work City Engineer, Glen Van Peski, P.E., P.L.S. Project Planner, Shannon Werneke Fire Department Contact, Gregory Ryan File Doc DR^)6-19 07/21/2010 V CARLSBAD Community & Economic Development www.carlsbadca.gov March 19, 2012 William J. Cavanaugh PO Box 235709 Encinitas, CA 92023 COMPLETION OF GRADING PLANCHECK PROJECT ID; MS 10-04 DWG NO.: 472-5A GR NO.; 11-14 PROJECT NAME; 1369 Magnolia The grading plancheck process has been completed for the project noted above. The following information will assist you in completing the next steps in obtaining the required grading permit. Our records indicate your project is clear for grading permit issuance provided the following items are completed to the satisfaction of the city engineer. If you have not already done so, please submit these items to the engineering development services counter at 1635 Faraday Avenue. 1. Grading permit application (enclosed) submitted within 12 months of the date of mylar signing (see www.carlsbadca.gov/engineering for current version of forms). If application is submitted later than 12 months, an additional plancheck and fee may be required 2. Four copies (two full size and two 11" x 17") of the approved grading plans 3. Verification of a valid Coastal Development Permit from the California Coastal Commission 4. A copy of this letter Since permit fees are subject to change, you may wish to verify the permit fee amount prior to applying for your permit. After complying with the requirements listed above, you will be provided with contact information for scheduling the preconstruction meeting with a public works inspector. The inspector will give you your copy of the grading permit at the preconstruction meeting. The Inspection Division will coordinate the release of your securities at the completion of the project. Please do not begin construction until vou have received vour permit from the public works inspector. Additionally, the following items may be required during the construction of your project. Please coordinate the timing of these items with your inspector. 1. An approved haul route permit prior to hauling any construction equipment or materials onsite or offsite 2. An approved traffic control plan and a valid right-of-way permit prior to performing any work in the public right of way (allow two weeks for approval) „ Land Development Engineering Division °Znmori '^'^'^^ 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 © William J. Cavanaugh March 19, 2012 Page 2 As part of the grading plancheck process, the city engineer signed the grading plans for the project noted above. These plans are now the property of the City of Carlsbad and have been filed for permanent record with this office. You may obtain copies and other reproductions at your cost through one of several bonded reprographic firms in the area. Approval of these plans by the City of Carlsbad does not authorize the applicant to violate any federal, state, or city laws, ordinances, regulations, or policies. Also, issuance of your grading permit is subject to the limitations and requirements of city ordinances, policies, and regulations; your conditions of approval, if any; and all required state and federal agency permits and approvals including, but not limited to, the California Department of Fish and Game, United States Fish and Wildlife Service, California Coastal Commission, and San Diego Regional Water Quality Control Board. Thank you for your cooperation and assistance. It has been a pleasure working with you through the plancheck process. If you have any questions, please contact me at 760-602-2747 or via email at steve.bobbett@carlsbadca.gov. Respectfully, Steve Bobbett, P.E. Associate Engineer Enclosures: Grading Permit Application Right of Way Permit Application Package cc: Engineer of Work Project Planner: Shannon Werneke Inspection: Office Specialist Engineering Counter File Doc ER^)2<14 11/15/2011 <ClSF^N CITY OF '^CARLSBAD Community & Economic Development www.carisbadca.gov June 29, 2011 William Cavanaugh Santa Rita Investment Company P.O. Box 235709 Encinitas, CA 92023 Todd Kessler T&M Construction, Inc. 140 Stetson Ave., Suite 301 Hemet, CA 92543 RE: NOTICE OF GRADING VIOLATION ON PROPERTY LOCATED AT 1369 MAGNOLIA AVENUE; A PORTION OF LOT 241 OF THE THUM LANDS, ACCORDING TO MAP THEREOF 1681; APN: 205-280-16; On June 20, 2011 Todd Kessler and Steve Barger met with Shannon Werneke and myself to establish a program to mitigate the violation. After the meeting. Shannon and I discussed the results of the meeting with other members of the Planning and the Land Development Engineering staff. Two options were discussed during the meeting and are summarized as follows: 1. Remove the imported material restoring the site to the previous ground contours and implement sufficient erosion control measures to prevent erosion and sedimentation. 2. Revise the current grading plan, post security, have the grading plan approved, obtain a grading permit and complete construction of all work shown on the approved grading plan. The revised plan will incorporate the use of the imported material as fill for the common driveway to Parcels 2 and 3, excavate Parcels 2 and 3 to the elevations shown on the approved tentative map and export any excess material. If you have any questions, or would like to arrange another meeting, please contact me by phone, (760) 602-2747 or by email, steve.bobbett@carlsbadca.ROv. Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax Cavanaugh/Kessler June 29, 2011 Page 2 Failure to contact the city within two weeks of the date of this letter or to satisfactorily establish a program to mitigate the violation within a reasonable period of time will result in the Notice of Grading Violation being filed against the property with the County Recorder and possible proceedings of nuisance abatement or misdemeanor violation or both. Sincerely, Steve BoTjbett, P.E. Associate Engineer cc: Glen K. Van Peski, P.E., City Engineer Shannon Werneke, Associate Planner Steve Barger, Barger Engineering, Inc. John Maashoff, Senior Engineer Rob Slempa, Public Works Inspector Mike Peterson, Development Services Manager <^^i%> CITY OF ^ ^CARLSBAD Community & Economic Development www.carisbadca.gov July 14, 2011 William Cavanaugh Santa Rita Investment Company P.O. Box 235709 Encinitas, CA 92023 Todd Kesseler T&M Construction, Inc. 140 Stetson Ave., Suite 301 Hemet, CA 92543 RE: NOTICE OF GRADING VIOLATION ON PROPERTY LOCATED AT 1369 MAGNOLIA AVENUE; A PORTION OF LOT 241 OF THE THUM LANDS, ACCORDING TO MAP THEREOF 1681; APN: 205-280-16; On July 2, 2011 we received an e-mail from William Cavanaugh indicating that you have chosen to proceed with Option 1 from the city letter of June 29, 2011. Option 1 is as follows: 1. Remove the imported material restoring the site to the previous ground contours and implement sufficient erosion control measures to prevent erosion and sedimentation. As outlined in the e-mail from Steve Bobbett dated July 12, 2011, please obtain a haul route permit from Construction Management and Inspection (CM&I) before commencing any export work. The CM&I offices are located at 5950 El Camino Real and are accessed from Orion St. east of El Camino Real and south of Faraday Ave. Please contact Rob Slempa at (760) 802-8779 or by e-mail at robert.slempa@carlsbadca.gov to coordinate the export and to verify the implementation of sufficient erosion control measures. If you have any questions, please contact me by phone, (760) 602-2747 or by email, Steve. bobbett@ca risbadca .gov. Sincerely, Steve Bobbett, P.E. Associate Engineer cc: Glen K. Van Peski, P.E., City Engineer Shannon Werneke, Associate Planner Steve Barger, Barger Engineering, Inc. John Maashoff, Senior Engineer Rob Slempa, Public Works Inspector Mike Peterson, Development Services Manager Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax <^^S^ CITY OF ^CARLSBAD Community & Economic Development www.carisbadca.gov June 13, 2011 William Cavanaugh Santa Rita Investment Company P.O. Box 235709 Encinitas, CA 92023 Todd Kessler T&M Construction, Inc. 140 Stetson Ave., Suite 301 Hemet, CA 92543 RE: NOTICE OF GRADING VIOLATION ON PROPERTY LOCATED AT 1369 MAGNOLIA AVENUE; A PORTION OF LOT 241 OF THE THUM LANDS, ACCORDING TO MAP THEREOF 1681; APN: 205-280-16; Dear Mr. Cavanaugh and Mr. Kessler: Pursuant to Carlsbad Municipal Code Section 15.16.190 you are hereby notified that a grading violation has occurred on the above referenced property. Carlsbad's Construction Management and Inspection Division observed that on or before June 6, 2011, twenty two (22) piles each comprised of approximately ten (10) cubic yards of imported fill material had been placed on the above referenced property. The imported material was subsequently spread and leveled across the southerly portion of the site. Based upon this observation, the city engineer has made the determination that an unlawful act, as defined by Section 15.16.170 of the Carlsbad Municipal Code, has been committed without benefit of a grading permit. As a result the following enforcement action has been taken: • Stop Work Notice: On June 10, 2011 the city engineer issued a stop work notice, demanding that all unlawful activities, as defined in Chapter 15.16 of the Carlsbad Municipal Code, be stopped until valid approvals and permits are obtained or corrective action is authorized by the city engineer. The city engineer may allow continuance of the work to the extent necessary to install protective measures to safeguard the public or to secure the site against erosion, sedimentation and the discharge of non-storm water pollutants. Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax June 13, 2011 Page 2 You are hereby requested to contact city staff to arrange a meeting with representatives of the city's Planning Division and Land Development Engineering Division at 1635 Faraday Avenue, Carlsbad CA, 92003. Contact Steve Bobbett by phone, (760) 602-2747 or by email, steve.bobbett@carlsbadca.gov. Failure to contact the city within two weeks of the date of this letter or to satisfactorily establish a program to mitigate the violation within a reasonable period of time will result in the Notice of Grading Violation being filed against the property with the County Recorder and possible proceedings of nuisance abatement or misdemeanor violation or both. Sincerely, Steve Bobbett, P.E. Associate Engineer Attachment: Carlsbad Municipal Code Chapter 15.16, Sections 170,180 and 190 cc: Glen K. Van Peski, P.E., City Engineer Shannon Werneke, Associate Planner John Maashoff, Senior Engineer Rob Slempa, Public Works Inspector Mike Peterson, Development Services Manager CITY OF V CARLSBAD Planning Division www.carlsbadca.gov September 1, 2011 Mr. William Cavanaugh P.O. Box 235709 Encinitas, CA 92023 SUBJECT: NOTICE OF RESTRICTION -PCD 10-02/CDP 10-28 - 1369 MAGNOLIA AVENUE TENTATIVE PARCEL MAP Dear Mr. Cavanaugh, Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the PCD 10-02/CDP 10-28. Please ensure the following items are addressed prior to returning the Notice of Restriction: ^ Correct Notary Acknowledgement Required (Effective January 1. 2008. all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) Document must be properly notarized. Name on signature page and name on Notarial Acknowledgement must match. ^ Property owner's signatures/initials must be the same as on Notary Acknowledgement. Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ^ Include property owner's name in the designated space above the owner's signature. Please pay particular attention to the signature requirements at the bottom of the signature page. tt 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, SHANNON WERNEKE Associate Planner c: CED Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CITY OF VXARLSBAD Planning Division www.carlsbaclca.gov June 1, 2011 Mr. William Cavanaugh P.O. Box 235709 Encinitas, CA 92023 SUBJECT: NOTICE OF RESTRICTION - PCD 10-02/CDP 10-28 - 1369 MAGNOUA AVENUE TENTATIVE PARCEL MAP Dear Mr. Cavanaugh, Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the PCD 10-02/CDP 10-28. Please ensure the following items are addressed prior to returning the Notice of Restriction: »^ Correct Notary Acknowledgement Required (Effective January 1, 2008. all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) •/ Document must be properly notarized. Name on signature page and name on Notarial Acknowledgement must match. Property owner's signatures/initials must be the same as on Notary Acknowledgement. Notary seal cannot be blurry/too light (County wH\ not record the document if any portion of the Notary Seal is blurry or too light) ^ Include property owner's name in the designated space above the owner's signature. Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, SHANNON WERNEKE Associate Planner c: CED Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® [ CITY OF ^CARLSBAD Community & Economic Development www.carlsbadca.gov August 31, 2011 William Cavanaugh Santa Rita Investment Company P.O. Box 235709 Encinitas, CA 92023 Todd Kesseler T&M Construction, Inc. 140 Stetson Ave., Suite 301 Hemet, CA 92543 RE: NOTICE OF GRADING VIOLATION ON PROPERTY LOCATED AT 1369 MAGNOUA AVENUE; A PORTION OF LOT 241 OF THE THUM LANDS, ACCORDING TO MAP THEREOF 1681; APN: 205-280-16; On August 16, 2011 the above referenced property was inspected. It appeared that some of the imported material had been removed. Evidence of remaining fill around on-site landscaping and playground equipment as well as the dis-similar colors of the imported material and original ground leads to the conclusion that the site was not restored to the previous ground contours. Sufficient erosion control measures had been implemented to prevent erosion and sedimentation. To bring this matter to conclusion without the need for additional earthwork or survey expenses the following note will be required to be shown on the non-mapping data sheet of the parcel map for MS 10-04: Parcels 2 and 3 contain un-consolidated fill material. Prior to issuance of a building permit for either parcel, a grading permit will be required. The grading plan submittal shall include a geotechnical report addressing the unconsolidated fill. Existing ground elevations on Parcels 2 and 3 may or may not be in conformance with the pad elevations shown on the approved tentative map. Any variance will be identified and resolved by the grading plan. Thank you for your timely and courteous cooperation and assistance in resolving this matter. This matter has now been closed. Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax Cavanaugh/Kessler August 31, 2011 Page 2 If you have any questions, please contact me by phone, (760) 602-2747 or by email, steve.bobbett@carlsbadca.gov. Sincerely, Steve Bobbett, P.E. Associate Engineer cc: Glen K. Van Peski, P.E., City Engineer Shannon Werneke, Associate Planner Steve Barger, Barger Engineering, Inc. John Maashoff, Senior Engineer Rob Slempa, Public Works Inspector Mike Peterson, Development Services Manager CITY OF V^CARLSBAD Community & Economic Development www.carlsbadca.gov March 31, 2011 Mr. Todd Kesseler T&M Construction, Inc. 140 E. Stetson Ave., Suite 301 Hemet, CA 92543 FINAL DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 10-04 Project Name: 1369 Magnolia Avenue Tentative Parcel Map APN; 205-280-16 Whereas no review of the Preliminary Decision letter dated March 17, 2011 was requested within the required time, the subject tentative parcel map has been approved per the findings and conditions set forth in said Preliminary Decision letter. As required by Carlsbad Municipal Code Section 20.24.140(e), notice of this final decision will be sent to all property owners within 300 feet of the project. Per Carlsbad Municipal Code Section 20.24.140(b) and the California Subdivision Map Act Section 66452.5, any interested person adversely affected by this decision of the city engineer may appeal the decision to the City Council. Such appeal must be filed in writing with the city clerk within 10 calendar days of the date of this notice. At the time of filing the appeal, the appeal fee as listed in the current Carlsbad Development Fees schedule must be paid. If you have questions regarding the appeal process, please contact the city clerk's office at (760) 434-2808. If you have any project-related questions, please contact the project engineer, Steve Bobbett, at 760- 602-2747 or via email at steve.bobbett@carlsbadca.gov. If you have any planning-related questions, please contact the project planner. Shannon Werneke, at 760-602-4621. Sincerely, Glfen K. Van Peski, P.E., P.L.S. City Engineer cc: Engineer of Work Project Engineer, then file Planner, Shannon Werneke Senior Management Analyst, CED Senior Office Specialist, LDE Associate Analyst, LDE (scanned copy to MS file) Land Development Engineering Division DOCDR^)6-27 I z - nyvumtn 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ® V CARLSBAD CITY OF Community & Economic Development March 17, 2011 www.carlsbadca.gov Mr. Todd Kesseler T&M Construction, Inc. 140 E. Stetson Ave., Suite 301 Hemet, CA 92543 PREUMINARY DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 10-04 Project Name: 1369 Magnolia Avenue Tentative Parcel Map APN: 205-280-16 The city engineer has completed a review of the application for a tentative parcel map located at 1369 Magnolia Avenue. The city engineer has made a preliminary decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code to approve this tentative parcel map based on the findings and subject to the conditions listed below. Please review the following findings and conditions for this tentative parcel map. If you have concerns or comments, you may request a review of this preliminary decision in writing. Such request must be received by the city engineer within 10 calendar days of the date of this preliminary approval. Upon receiving such written request, the city engineer will arrange a time and place for such review. If after 10 days no request is made, or following a requested review of this preliminary approval, the city engineer will issue a final approval letter for this tentative parcel map. Findings: That the city planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area; zoned for residential; is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots are available; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. The city engineer has determined that: a) The proposed map and the proposed design and improvement of the subdivision, as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans. Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, in that the lots being created satisfy all minimum requirements of Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations; and. Land Development Engineering Division Doc DR.06-23 —07/30/2010 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 0 Mr. Todd Kesseler Page 2 b) The site is physically suitable for the type and density of the development proposed, in that the proposed subdivision meets all development standards for the creation of two panhandle lots and a standard lot in terms of access, minimum lot size, lot width and setbacks; and, c) The design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the proposed development does not contain any significant habitat and no significant wildlife or habitat will be impacted by the project; and, d) The design of the subdivision and improvements are not likely to cause serious public health problems, and the discharge of storm water from the subdivision complies with current California Regional Water Quality Control Board requirements and the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP) requirements, in that the developer has incorporated best management practices to either avoid contact with storm water or filter pollutants to the maximum extent practicable; earth drainage swales and bio retention areas are incorporated into the subdivision design for filtration of stormwater runoff; the project is conditioned to incorporate Low Impact Design (LID) techniques: and, e) The design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the developer shall delineate and preserve on the parcel map, all existing easements of record; and, f) The property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); CONDITIONS: Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a final parcel map, building permit, or grading permit, whichever is first. General 1. This approval is granted subject to the approval of PCD 10-02 and CDP 10-28 and is subject to all conditions for those other approvals. 2. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from the city engineer for the proposed haul route. 3. The project is approved with the express condition that building permits will not be issued for the development of the subject property unless the city/district engineer determines that sewer/water facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Doc DR.06-23 07/30/2010 March 17, 2011 W Mr. Todd Kesseler Page 3 4. Developer shall submit to the city engineer a reproducible 24" x 36" photo mylar of the tentative parcel map reflecting the conditions approved by the final decision-making body. The reproducible shall be submitted to the city engineer, reviewed, and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, final map, improvement plans, or grading plans, whichever occurs first. 5. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative parcel map. 6. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 7. If any condition for construction of any public facilities, or payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the city engineer determines that this project without this condition complies with the requirements of the law. 8. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this tentative parcel map, (b) city's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) developer's installation and operation of the facility permitted hereby, including without limitation any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 9. Developer shall submit to the city engineer an acceptable instrument via CC&R's and/or other recorded document addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private driveways, landscaping, water quality treatment measures and low impact development features located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 10. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. There shall be one parcel map recorded for this project. Developer shall pay processing fees per the city's latest fee schedule. 11. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Planning 12. This approval is granted subject to the approval of PCD 10-02 and CDP 10-28 and is subject to all Doc DR-06-23 07/30/2010 Mr. Todd Kesseler Page 4 conditions contained in Resolutions 6765 and 6766 for those other approvals incorporated herein by reference. Fire 13. The Engineer of Work shall provide wet stamped plans certifying that driveways that are a part of the fire department turn-around are capable of supporting fire department vehicles. 14. 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 axle weight. Fees/Agreements 15. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 16. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map. 17. 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 of the Carlsbad Municipal Code. 18. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the Ucense Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable) subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.9. All such taxes/fees shall be paid at issuance of building permits. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 19. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Geologic Failure Hold Harmless Agreement. 20. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 21. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Panhandle Lot Hold Harmless Agreement. 22. Developer shall cause property owner to process, execute, and submit an executed copy to the city engineer for recordation the city's standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a parcel map, whichever occurs first for this project. 23. Developer shall cause property owner to execute, record, and submit a recorded copy to the city, engineer a deed restriction on the property which relates to the proposed cross lot drainage as Doc DR^)6-23 07/30/2010 March 17,2011 W W Mr. Todd Kesseler Page 5 shown on the tentative parcel map. The deed restriction document shall be in a form acceptable to the city engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage fiows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 24. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Ughting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 25. 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. Grading 26. 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 and shall pay all applicable grading plan review fees per the city's latest fee schedule. 27. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per city code requirements. 28. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare and submit for approval grading plans for the precise grading as shown on the tentative parcel map, all subject to city engineer approval. 29. Developer shall comply with the latest version of the city's stormwater regulations and shall implement best management practices at all times. Best management practices include, but are not limited to, pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water, or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Doc DR.06-23 07/30/2010 w Mr. Todd Kesseler Page 6 30. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 31. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 32. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Dedications/improvements 33. Developer shall cause owner to submit to the city engineer for recordation a covenant of easement for private sewer, potable water, drainage and reciprocal access purposes as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. 34. Developer shall design the private drainage systems as shown on the tentative parcel map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plancheck and inspection fees for private drainage systems. 35. Developer shall design all proposed public improvements including but not limited to sewer laterals, water service/meters, driveway approach and curb drains, as shown on the tentative parcel map and shall execute a city-standard Minor Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing. Developer shall pay plancheck and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 36. Prior to issuance of building permits, developer shall install separate sewer laterals to each unit proposed by this tentative parcel map. Sewer laterals shall be provided to the satisfaction of the city engineer. Doc DR-06-23 07/30/2010 March 17, 2011 Mr. Todd Kesseler Page 7 37. Prior to issuance of building permits, developer shall install separate water services to each unit proposed by this tentative parcel map. Water services shall be provided to the satisfaction of the city engineer. Non-Mapping Notes 38. Notes to the following effect shall be placed on the parcel map as non-mapping data: A. Developer has executed a city-standard Minor 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 include, but are not limited to: 1) Concrete driveway approach. 2) Concrete sidewalk underdrain. 3) Sewer laterals 4) Water services 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. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Utilities 39. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 40. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 41. 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. 42. 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: Doc DR-06-23 07/30/2010 March 17, 2011 Mr. Todd Kesseler Pages 43. This tentative parcel map will expire thirty-six (36) months from the date of the final approval notice issued by the city engineer. 44. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown on the tentative parcel map are for planning purposes only. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the city manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any questions regarding the above, please contact the Project Engineer, Steve Bobbett at 760-602-2747. If you have any planning-related questions, please contact the Project Planner, Shannon Werneke, at 760-602-4621. Sincerely, Glen K. Van Peski, P.E., P.L.S. City Engineer cc: Project Engineer, Steve Bobbett Project Planner, Shannon Werneke Fire Department, Gregory Ryan Senior Office Specialist, LDE Associate Analyst, LDE (scanned copy to MS File) Doc DR-06-23 07/30/2010 March 14, 2011 Dear City Plannins Commission (or whoever it may concern): My husband and I are the homeowners of 3730 Yvette Way in Carlsbad, California, We have been notified that there are two lots behind our house that are up for approval to build homes similar to that of the new home that was built at the adjacent lot of 1369 Magnolia Avenue. We have tallied thoroughly with Shannon Werneke in the Planning Division to further understand what the plans of these developments are. After learning more, my husband and I are concerned about these new developments for several reasons. The first and biggest concern to us is privacy. Because of the proposed size of the house (expecting that it will be approximately the same height at the 1369 Magnolia Avenue house), we are concerned about the fact that this house will be looking down directly over our house. I have taken photos showing how even with a 6 foot fence between our lots, the second story (and possibly even first story) of the house that will be built directly behind ours will look directly into our bedroom window, very much compromising our privacy. The second concern is regarding neighborhood compatibility. After speaking with Shannon Werneke, we understand that it is very probable that the 2 new houses will very likely be built in a similar style that that of the new 1369 Magnolia Avenue house. All of the homes on Yvette Way (the street right in front of the proposed development) are smaller craftsman style homes built in the 1960s. Most of the homes on Magnolia Avenue (west of Highland Drive) are also similar, older craftsman style homes built in the l94Qs, 5Qs and 60s... some with very nice new renovations that still match the style of the surrounding homes. There is one larger new home further west on Magnolia Avenue that is somewhat similar to the new house built at 1369 Magnolia Avenue, but it is very obvious when driving by this house, that it also does not match the style of the surrounding homes and very much sticks out. After speaking with several of our neighbors, we have discovered that they are also not happy with the development plans, mainly due to the size and style of the proposed houses. We understand that neighborhoods continue to be developed and land continues to be sold. We just feel sad in the prospect of Icxing all of our privacy due to such a huge home being built directly behind us and looking over us, especially a home that looks so different from the other houses that it is surrounded by. Thank you so much for your time and consideration of our concerns. Neither of us is able to be at the city planning meeting because we are both on separate work trips on March 16^. However, we appreciate being able to be involved in the city's development process. Sincerely, Brianna & Russell Brownley RECEIVED 1 5 20« CITY OF CARLSBAD RUNNING DEPT /Aarch 14, 2011 Dear City Planning Commission (or whoever it may concern): The homeowners of Yvette Way, Carlsbad, California are concerned about the development plans concerning the lots adjacent to 1369 Magnolia Avenue, Carlsbad, California in terms or privacy and neighborhood compatibility (mainly due to expected size and style of hemes). Please take our concerns into consideration when reviewing plans for these properties. Names Address Qu^ A^k. -^CKu j^(^| B7n Vxj^lkujM^ RECEIVED ^ ^ 2011 )f CARLSBAD ^IGDEPT c FILE COPY CITY OF V^CARLSBAD Planning Division www.carlsbadca.gov February 22, 2011 Santa Rita Investment Company, Inc. Attn: Bill Cavanaugh PO Box 235709 Encinitas, CA 92023 SUBJECT: PCD 10-02/CDP 10-28 - 1369 MAGNOLIA AVENUE PARCEL MAP The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, March 2, 2011, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on March 7, 2011. A twenty (20) minute appointment has been set aside for you at 9:30 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Shannon Werneke at (760) 602-4621. Sincerely, DON NEU, AlCP City Planner DN:SW:sm c: Barger Engineering, Attn: Steven Barger, 2651 Gianelli Lane, Escondido, CA 92025 File Copy Steve Bobbett, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 750-602-4500 F 760-502-8559 ® <#^^^ CITY OF V CARLSBAD Planning Division www.carlsbadca.gov January 24, 2011 Steven Barger Barger Engineering 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: PCD 10-02/CDP 10-28 - 1369 MAGNOLIA AVENUE Your application has been tentatively scheduled for a hearing by the Planning Commission on March 16, 2011. However, for this to occur, you must submit the additional items listed below. If the required items are not received by February 23, 2011, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 12 copies of your plans (site plans, grading plans, elevation plans, etc) on 24" X 36" sheets of paper, stapled in complete sets, and folded. B) One SYz" x 11" copy of the plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on the plans. C) One un-mounted color copy of the site/landscape plan. D) An electronic copy of your full plan set (i.e., site plans, civil plans, colored plans, etc.) in PDF format. 2. As required by Section 65091 of the California Government Cofije,' please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PCD 10-02/CDP 10-28- {^9 MAGNOLIA AVENUE January 24, 2011 Page 2 C) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius and occupants within a 100 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt. Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE ACCEPTABLE (with APN) 209-060-34-00 Mrs. Jane Smith 123 Magnolia Ave., Apt #3 MRS JANE SMITH Carlsbad, CA 92008 APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carisbad) and credit cards are accepted. 3. Please submit a check in the amount of $50.00 made payable to the San Diego County Clerk so staff is able to file the Notice of Exemption following the Planning Commission hearing. Please feel free to call me at (760) 602-4621 or email me at shannon.werneke@carisbadca.qov if you have any questions. Sincerely, SHANNON WERNEKE Associate Planner SW:bd c: Mr. William Cavanaugh, P.O. Box 235709, Encinitas, CA 92023 File Copy 1 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. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: CITY OF V^CARLSBAD Planning Division www.carlsbadca.gov January 24, 2011 Steven Barger Barger Engineering 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: 2nd REVIEW FOR PCD 10-02/CDP 10-28 - 1369 MAGNOLIA AVENUE The items requested from you eariier to make your Planning Commission Determination and Coastal Development Permit, applications no. PCD 10-02 and CDP 10-28, 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 of this 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 3 complete sets of the revised landscape plans addressing the attached comments so that the project can continue to be reviewed. Sincerely, CHRIS DeCERBO Principal Planner CD:SW:bd Enc: Landscape redlines c: Mr. William Cavanaugh, P.O. Box 235709, Encinitas, CA 92023 Mr. Todd Kesseler, T&M Construction Inc., 140 E. Stetson Avenue, Ste, 301, Hemet, CA 92543 Don Neu, Planning Director Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PCD 10-02/CDP 10-28 - bo9 MAGNOLIA AVENUE January 24, 2011 Page 2 ISSUES OF CONCERN 1. Please revise the landscape plan to address the following comments received from the landscape consultant. (Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern) 1. Please delete "unless turned over to the City". Please also indicate if all areas are to be maintained by each private lot owner or by an HOA. 2. Please show and label the property lines, right-of-way lines, and all easehients on the landscape plans. 3. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. It is noted that there is a large existing Oak tree on site that should remain. Please show this and other woody plant material indicating the disposition of each. 4. All planting areas shall be outlined as one of the four planting zones below and described in Appendix A: Zone One Lush Zone Two Refined Zone Three Naturalizing/Transitional Zone Four Native 5. Please indicate the following percentages: a. Percent of the total site used for landscaping b. Percent of the landscaped area (as defined in Appendix G) of each planting zone as described in Section A.5-3 and Appendix A. 6. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. 7. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street corners within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please show all vehicular sight lines on the plans and insure these requirements are met. 8. Please provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. 9. Locate street trees: a. A minimum of 3' outside the public right-of-way. b. A minimum of 5' from paving. c. A minimum of 7' from any sewer line. d. Not in conflict with public utilities. PCD 10-02/CDP 10-28 January 24, 2011 Page 3 9 MAGNOLIA AVENUE W e. Not to be allowed on street corners within a triangular zone drawn from two points, 25' from the beginning of curves and end of curves or within sight lines as described under "Sight Distance" above. (See Appendix C.4). 10. Please provide a Water Conservation Plan in conjunction with the Landscape Concept Plan. This plan shall demonstrate to the City how the proposed development will use all practical means available to conserve water in the landscape. 11. Water Conservation Plans shall include but not be limited to: a. Extent of Planting Zone 1 (Lush) - Indicate percentage of Zone 1 planting (per Appendix A) of the total landscaped area (as defined in Appendix G). Provide justification for the appropriateness of where Zone 1 plantings are used in terms of water conservation. (For example, are Zone 1 plantings in areas of shade where they will use less water and/or has the soil been suitably amended so as to retain relatively greater moisture?) b. Proposed turf areas. (See limitations in IV.C.3-4.2) Give percentage of turf of the total landscaped area. c. Accommodations for recycled water (existing or future) and outline planting areas proposed to use recycled water. d. Written description of water conservation features including addressing xeriscape principles (see Appendix B) within the project. e. Provide a colored plan showing potable and recycled water use areas. 12. Please add the following notes to the plans: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes - 6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1, #2 and #3. PCD 10-02/CDP 10-28 - t3fe9 MAGNOLIA AVENUE January 24, 2011 Page 4 c. In excess of 8' in vertical height require Standards #1, #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 13. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) on the next submittal. f CITY OF "VXARLSBAD Planning Division www.carisbadca.gov November 1, 2010 Steven Barger Barger Engineering 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: 1st REVIEW FOR PCD 10-02 - 1369 MAGNOLIA AVENUE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Planning Commission Determination, application no. PCD 10-02, 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 concem 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- submittal package, please prepare and include with your re-submittal: (1) a copy of these Jists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and four (4) 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, October 13, 2010, 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 of the 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, Shannon Werneke, at the phone number listed below 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: • Planning Division comments: Shannon Werneke, Associate Planner, at (760) 602-4621. • Land Development Engineering comments: Steve Bobbett, Associate Engineer, at (760) 602- 2747. • Fire Department comments: Mike Davis, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:SW:bd enc: Panhandle lot graphic c: Mr. William Cavanaugh, P.O. Box 235709, Encinitas, CA 32024 Mr. Todd Kesseler, T&M Construction Inc., 140 E. Stetson Avenue, Ste. 301, Hemet, CA 92543 Don Neu, Planning Director Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © 0^ PCD 10-02 - 1369 MAGNotl^ AVENUE November 1, 2010 Paqe 2 , LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please submit a landscape and irrigation plan. The plan should include landscaping along the entire extent of the western property line (please see Issues of Concern Comment No. 3 below) as well as along the east side of the shared driveway which is adjacent to/north of the driveway for Parcel 2 (i.e. area in between the driveway and the side/western property line of Parcel 1). Please ensure that no shrubs are proposed within the drainage swale that is located along the western property line. Engineering: ^ ; All engineering comments will be addressed pursuant to MS 10-04. ISSUES OF CONCERN Planning: 1. General comment. If homes are not proposed on Parcels 2 or 3 at this time, the plans should only reflect the necessary information to subdivide the lot (i.e. pad grading, pad elevations). 2. As currently proposed, the combination fence/retaining wall along the western property line exceeds the maximum allowable height of 6 feet. In order to comply with the Zoning Code as well as to provide continuity with respect to the materials, please revise the plans to delete the proposed 6-foot-tall fence and increase the height of the retaining wall along the western property line from 3 to 6 feet. In addition, please include a note that the retaining wall shall be split-face with a decorative cap. 3. As a 6-foot-tall fence cannot be permitted on top of the proposed retaining wall, a landscaped buffer is necessary to provide a buffer between the existing residential properties to the west and the proposed development. Therefore, in order to accommodate the required drainage swale and provide a 3-foot-wide landscape buffer, please revise the plans to shift the driveway 3 feet to the north. 4. Please revise the site plan as follows (Sheets 1 and 2): a. Parcel 3 shall be served by a minimum panhandle width of 20 feet beyond the shared portion of the driveway. Please see the attached graphic as an example. b. Please shift the shared driveway 3 feet to the east so a landscape planter (with trees, shrubs, etc outside of the swale) can be provided between the driveway and the western property line. c. Please revise the side and rear yard setbacks to reflect 10% and 20% of the lot widths, respectively (i.e. should not be rounded up). d. The front yard setback for Parcel 2 (20 feet) should be taken from the eastern edge of the shared driveway. e. Remove reference to the building footprints for Parcel 2 and 3 (i.e. remove porch, footprint of house, doors, etc.). The plans should only identify the grading required to accomplish the proposed pad elevations. In addition, please remove "General Notes" #3. PCD 10-02 - 1369 MAGNOm AVENUE November 1, 2010 Paqe 3 ., f. Add the project numbers, PCD 10-02 and CDP 10-28, to the upper right hand corner of the plans. g. Please identify the location/type of any existing trees and if any are proposed to be removed for the site improvements associated with the subdivision, including the grading for the pads for each lot. Please also show, the existing oak and palm trees which were proposed to be retained as a part of CDP 10-18. h. Remove reference to lot coverage calculations in the "General Information" for Parcels 2 and 3 as no homes are proposed. i. Remove reference to the "open/landscape area" in the "General Information." j. Remove reference to "proposed zoning" in the "General Information." k. Indicate that the fencing is "proposed" along each of the property lines. < I. Please wrap the 6-foot-tall wood fence proposed along the southern property line to tie in to the southern terminus of the proposed retaining wall located along the western property line. m. Change the reference for General Note #2 to "Coastal Development Permit" (instead of Conditional Use Permit). n. Remove reference to parking spaces (site plan and "General Information") since no homes are proposed. 0. Add "PCL 1" to the site plan (as proposed for Parcels 2 and 3). p. Revise the zoning to reflect the minimum lot size of 7,500 square feet (i.e. R-1-7,500). q. Add the minimum (60 feet) and proposed lot widths to the "General Information." r. Identify the southern limit of the proposed 30' wide access, utility, and drainage easement. 5. Please revise the cross sections on Sheet 3 as follows: a. Revise the cross sections to remove the fence and increase the height of the combination wall/retaining wall to 6 feet. b. Revise the cross section to reflect the revised location of the driveway, including the increased landscape planter between the driveway and the western property line. 6. Please be advised that inclusionary in-lieu housing fees will be assessed for Parcels 2 and 3. Fire: Any comments received from the Fire Department will be forwarded under a separate cover. PANHANDLE LOTS R-1-7,500 ZONING MINIMUM 60'- \ X B • • ^v^^v MINIMUM ^ 7500 sq.ft. . H 1 I j 1 1. If zoning on property Is R-1 7,500, then back lot (B) must be 8,000 sq. ft. minimum net buildage area. 2. The buiidable portion shall be the entire lot exclusive of any portion of the lot less than thirty-five (35) feet in width that is used for access to the lot. If the panharidle is greater than thirty-five (35) feet in width, the area is considered buiidable and will count towards the lot area. 3. The frontyard setback must be determined at either location X or Y and so stated in panhandle determination letter to the Engineering Department. 4. The lot width of the panhandle lot must be the minimum width required by zone. Access area is not included in calculations. 5. Each panhandle lot must provide 3 parking spaces with 24' backup to allow complete turnaround. These spaces may be provided as a two-car garage with nearby guest space or as a three-car garage with a tandem space. 3. The diagrams provided are ' examples of single and double panhandle lot configurations. These are for diagrammatic purposes only. Other designs are possible and will need to be reviewed on a case by case basis.