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Home My WebLink AboutRP 12-24; Yoga Bound; Redevelopment Permits (RP)4 CPfR LSBAD REDEVELOPMENT AGENCY PERMIT APPLICATION 9-- PLEASE CHECK ALL THAT APPLY: XI ADMINISTRATIVE PERMIT I I New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is equal to or less than $60,000. I I Interior or exterior Improvements to existing structures which result in an intensity of use. I I Provisional land uses, where a minor or major redevelopment permit is not required. Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/problems. I I Signs for existing businesses or facilities. I I Repair or maintenance activities which are not exempt from obtaining a permit. COASTAL DEVELOPMENT PERMIT MAJOR REDEVELOPMENT PERMIT I I New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is greater than $150,000. I I Variances for projects within this category. • • MINOR REDEVELOPMENT PERMIT I I New construction of building(s) or • addition(s) to the building footprint which have a building permit valuation which is greater than $60,000 but less than $150,000. I I Variances for projects within this category. I I Variances for projects which would othen/vise be exempt or be eligible for an administrative permit. MISCELLANEOUS REDEVELOPMENT PERMIT I I A-Frame Sign I I Sign Permit I I Sign Program I I Sidewalk Tables/Chairs I I Outdoor Displays I I Other PROJECT TITLEi^^ogaBound Brief description of project: Application for change of use of an existing building and addition MAY 0 9 2012 of wheelchair accessibility! JY QF CARLSBAD PLANNING DIVISION Property Location: APN(S): 203-352-14 Street Address ^^^^ Harding Street, Carlsbad, CA 92008 Owner's Name_ Address Telephone Number_ Applicant's Name A's"^ ^''^'V <^/° Hofman Planning & Eng. 3152 Lionshead Ave. Address Carlsbad. CA 92008 Telephone Number 760-692-4012 THE AREA BELOW IS TO BE COMPLETED BY CITY STAFF RECEIPT OF APPLICATION Date Application Received ^ " I ^ Application Received by_ Permit Number Assigned. FEES FOR APPLICATION PROCESSING: (List type of fee and amount) $410.00 Administrative Redevelopment Permit, Plus Postage Update: Fee is now $415 =0= CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT 1. APPLICATION APPLIED FOR: (CHECK BOXES) • New Construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is equal to or less than $60,000. • Interior or Exterior Improvements to existing structures which result in an intensity of use. • Provisional Land Uses, where a minor or major redevelopment permit is not required. l3 Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/problems. • Signs for existing businesses or facilities. • Repair or Maintenance Activities which are not exempt from obtaining a permit. 2. LOCATION OF PROJECT Address' Harding Street, Carlsbad. CA 92008 Bordering Streets: North: Carlsbad Village Drive South: Oak Avenue East: Interstate 5 West: Jefferson Street Assessor Parcel No.: 203-352-14 Legal Description: LOTS 23 AND 24 IN BLOCK 57 OF CARLSBAD, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. Within Coastal Zone: Yes • No Within Appealable Area of Coastal Zone: • Yes • No Land Use District within Village: • 1 m 2 • 3 Land Use District within Village: • 4 • 5 • 6 • 7 • 8 • 9 CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT 3. DESCRIPTION OF PROJECT Project Name: Yoga Bound Please provide a complete description ofthe project proposed for approval under this application. Provide any details necessary to adequately explain the scope and/or operation of the proposed project. You may attach additional pages to this application if necessary to explain the project: Application for change of use of an existing building and addition of wheelchair accessibility. The building is currently residential, with no ADA accessibility. The applicant is proposing to change the use of the building to house a Yoga Studio and add a ramp to the fFetit-door for accessibility. 4. AUTHORIZATION TO INSPECT PROPERTY In the process of reviewing this application it may be necessary for members of City Staff, Design Review Board Members, or City Council members to inspect and enter the property that is the subject of this applicatiort I/we consent to entry onto the subject property for this purpose. NarpC^f^^^^^-^^ UL^^-^ate: M - 3 d ^ SionatufeP^'''""-^^^ ^ Applicant • or Owner • Q CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT T. PROPERTY OWNER INFORMATION/CERTIFICATION Momp- Leonard A. Accardi CPA ^ 3043nai>liu8St. B-Rear Building Mailing Address: Carisbad, CA 92008 Daytime Telephone No.: " ¥S^3/00 List the Names and Addresses of all persons having an ownership interest in the property involved: If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership: If any person identified above is a non-profit organization or a trust, list the names and addresses of any person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the trust: Have you had more than $250 worth of business transacted with any member of City Staff, Boards, Commissions, Committees, and/or Council within the past twelve (12) months? • Yes • No If yes, please indicate person(s): Certification Statement: I Certify that I am the Legal Owner ofthe subject property for this application and that all ofthe above information is true and correct to the best of my knowledge. This application is submitted with my consent and I agree to accept and abide by any conditions placed on the subject property, including use of buildings, as a result of approval of this application. 1IS applic; Signatui(e'^?-^^-^—^'^^U • CA Date:_^tlJ^fJlli=_ CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT 6. APPLICANT INFORMATION/CERTIFICATION Name; Hofman Planning & Engineering for Alana Bray Mailing Address: 3152 Lionshead Ave Carlsbad. CA 92008 Daytime Telephone No.: 760-692-40i2 List the Names and Addresses of all persons having a financial interest in the application: Alana Bray If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% ofthe shares in the corporation or owning any partnership interest in the partnership: N/A If any person identified above is a non-profit organization or a trust, list the names and addresses of any person serving as an officer or director ofthe non-profit organization or as trustee or beneficiary ofthe trust: N/A Have you had more than $250 worth of business transacted with any member of City Staff, Boards, Commissions, Committees, and/or Council within the past twelve (12) months? • Yes O No If yes, please indicate person(s):. Certification Statement: I Certify that I am the Legal Owner's representative and that all of the above information is true and correct to the best of my knowledge. I have been authorized by the legal owner ofthe subject property to submit this application and I agree to accept and abide by any conditions placed on the subject property, including use of buildings, as a result of approval of this application. Signature /^Le^ /^OZ*^^^ Date: ZQ(Z-;: IIAiSL^ CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT 7. RECEIPT OF APPLICATION Date Application Received._ Application Received by:_ Permit No. Assigned:_ 8. FEES FOR APPLICATION PROCESSING The following fees shall apply to this application; list type of fee and amount: $410.00 - Administrative Redevelopment Permit Update: Fee for submittal is now $4i5 Total Fee(s) required for this application: ^^\^ Date Fee(s) collected by City Staff: h'^-\^ Receipt No.: 9. ACTION ON THE APPLICATION The following action has been taken by the Housing and Redevelopment Director on this application: • Approved subject to conformance with plans submitted as part of application, dated . n Approved, with conditions. See conditions noted below. • Denied. Reason Housing and Redevelopment Director Signature: CD Director Initials: Date: 10. CONDITIONS OF APPROVAL (IF APPLICABLE) CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION The following supplemental information must accompany the completed application, according to project type. 1. ALL PROJECTS, EXCLUDING SIGNS: IHl A completed Environmental Impact Assessment Form - Part I. E] The following items must be provided once it has been determined that the application is complete: Radius Map, Two separate sets ofthe Property Owners List and Labels. The property owner list must be typed and contain the names and addresses of all property owners within a 300 feet radius ofthe 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. Except for single family residences, the apartment or suite number must be included on the address mailing labels for property owners within 300 feet radius of subject property; the parcel number should not be typed on the address labels. The radius map must be provided with a scale not less than 1" = 200' showing each lot within 300 feet ofthe exterior boundaries of the subject property. 2. NEW CONSTRUCTION OF BUILDING(S) or ADDITION(S) TO THE BUILDING FOOTPRINT; INTERIOR/EXTERIOR IMPROVEMENTS; PROVISIONAL LAND USES; CHANGES IN LAND USE: m Four (4) copies of a site plan prepared on a 24" x 36" sheet(s) folded to 8V2" x 11". The site plan shall include the following information: _ Name and address of applicant, engineer and/or architect, etc. _ Location, size and use of all easements on the property. _ Location and dimension of vehicular access and all off-street parking. _ Lot dimensions and location (building footprint) of new building or addition as well as any other buildings on the site. _ Distance between buildings and/or structures. _ Building Set-Backs (front, rear and sides). _ Location, height, and materials of walls and fences. _ Location of water and sewer lines. _ A summary table which includes the following information: lot area (total acres or square feet); existing land use district; total building coverage; building square footage; number of parking spaces. _ North arrow and scale. Location and width of adjacent street(s). _ Name of sewer, water and school districts providing service to the site. Existing and proposed topographic contour lines. _ Existing landscaping and proposed landscaping; please indicate landscaping to be removed, if any. El Four (4) copies of building elevations and floor plans for all buildings on the site, identify new building or addition, prepared on 24" x 36" sheets folded to d'A" x 11" size. El One (1) copy of 8%" x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). El Three (3) copies of the Preliminary Title Report (current within the last six (6) months). 3. SIGNS: El Three (3) copies of site plan and sign elevations which include the following information: _ North arrow and scale. Location of existing buildings or structures, parking areas, and vehicular access points to the property. _ Location of all existing and proposed signs for the property. Distance to the property line(s) for all proposed freestanding signs. _ Provide an elevation for all proposed signs which specifies the following: a) dimensions and area for all existing and proposed signs; b) materials the sign(s) will be constructed of; and, c) proposed sign copy. A summary table which includes: a) total building street frontage; b) total signage allowance based on Village Master Plan and Design Manual; c) the amount of all existing signage and type; d) the amount of signage to be removed and type; e) the amount of new signage proposed and type; and f) notes on existing sign permits and sign programs for building or site. ^ EIA INFORMATION Development Services <^mr- FORM Planning Division CITY OF p <f/n\ 1635 Faraday Avenue PARI ^RAn (760)602 4610 ^—''»r\LOD#^L/ 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 07/10 \t0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): General Information 1. Name of project: Y°ga Bound Name of developer or project sponsor: Alana Bray c/o Hofman Planning & Engineering Address: 3152 Lionshead Ave. City, State, Zip Code: Carlsbad, CA 92010 Phone Number: ^^O-^^^-^^OO Name of person to be contacted concerning this project: Bill Hofman Address: 3152 Lionshead Ave. City, State, Zip Code: Carlsbad. CA 92010 Phone Number: 760-692-4100 Address of Project' 3043 Harding Street, Carlsbad, CA 92008 Assessor's Parcel Number: ^^3 352-14 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: None Existing General Plan Land Use Designation: _^ 7. Existing zoning district: ^"'^ 8. Existing land use(s): Residential 9. Proposed use of site (Project for which this form is filed): Yoga Studio Project Description 10. Site size: 0.16 acres 11. Proposed Building square footage: No new building construction. 12: Number of floors of construction: No new building construction. 13. Amount of off-street parking provided: 14. Associated projects: None p-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: Yoga studio. No loading facilities. 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: Application for change of use of existing building and addition of wheelchair accessibility. p-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to tiie project or its effects? Discuss all items ctiecked yes (attacii additional stieets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • H alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or Q H roads. 22. Change in pattern, scale or character of general area of project. • K\ 23. Significant amounts of solid waste or litter. • H 24. Change in dust, ash, smoke, fumes or odors in vicinity. • H 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • H alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. • jx] 27. Site on filled land or on slope of 10 percent or more. • H 28. Use of disposal of potentially hazardous materials, such as toxic substances, • IKI flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • H etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • H 31. Relationship to a larger project or series of projects. • H Environmental Setting Attacti sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: p-1 (D) Page 4 of 4 Revised 07/10 City of Carlsbad Faraday Center Faraday Cashiering 001 1213001-1 05/09/2012 32 Wed, May 09, 2012 12:56 PM Receipt Ref Nbr: R1213001-1/0019 PERMITS - PERMITS Tran Ref Nbr; 121300101 0019 0019 Trans/Rcpt#: R0089535 SET #: RP120024 Amount: 1 i $415.00 Item Subtotal: $415.00 Item Total: $415.00 1 ITEM(S) TOTAL; $415.00 Check (Chk# 0101) $415.00 Total Received: $415.00 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 •imiiiiiiiiii Applicant: HOFMAN PLANNING & ENGINEERING Description Amount RP120024 415.00 3 043 HARDING ST CBAD Receipt Number: R0089535 Transaction ID: R0089535 Transaction Date: 05/09/2012 Pay Type Method Description Amount Payment Check 415.00 Transaction Amount: 415.00 PROVI DENTJSfPANY 9300 Wilshire Blvd, Suite 100 Beverly Hills, CA 90212 Phone No. (800) 794-8094 Fax No. (310) 247-4970 PROVIDENT TITLE COMPANY (2151) 9300 WILSHIRE BLVD # 100 BEVERLY HILLS, CA 90212 ATTN: JILL TITLE OFFICER: RALPH KHELIL- MONCEF SELMI- LOUIE MAARFI E-MAIL: TITLEUNIT11 ©PROVIDENTTITLE.COM ORDER NO.: 11329816 YOUR REFERENCE NO: 3043 HARDING PROPERTY ADDRESS: 3043 HARDING STREET, CARLSBAD, CALIFORNIA PRELIIVIINARY REPORT DATED AS OF APRIL 27, 2012 AT 7:30 A.M. PROVIDENT 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE B ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN SCHEDULE B OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE 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. RALPH KHELIL- MONCEF SELMI- LOUIE MAARFI TITLE OFFICER o ORDER NO.: 11329816 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (2006) 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: LEONARD A. ACCARDI AND M. ELIZABETH ACCARDI, HUSBAND AND WIFE AS COMMUNITY PROPERTY 3. THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 23 AND 24 IN BLOCK 57 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. PAGE 2 o ORDER NO.: 11329816 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2012-2013 WHICH ARE A LIEN NOT YET PAYABLE. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2011-2012. 1ST INSTALLMENT: $2,601.98 PAID 2ND INSTALLMENT: $2,601.98 PAID CODE NO.: 09098 TAX PARCEL NO.: 203-352-14-00 SUPPLEMENTAL ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A. SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4, RESPECTIVELY, OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. NOTE: THE IMAP ATTACHED HERETO IS NEITHER A PLAT NOR A SURVEY, IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREIN. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. THE FACT THAT SAID LAND IS INCLUDED WITHIN A PROJECT AREA OF THE REDEVELOPMENT AGENCY SHOWN BELOW, AND THAT PROCEEDINGS FOR THE REDEVELOPMENT OF SAID PROJECT HAVE BEEN INSTITUTED UNDER THE REDEVELOPMENT LAW (SUCH REDEVELOPMENT PLAN) AS DISCLOSED BY A DOCUMENT, RECORDED: AUGUST 17,1981 AS INSTRUMENT NO. 81-261825 REDEVELOPMENT AGENCY: CITY OF CARLSBAD REDEVELOPMENT PLAN PAGE 3 ORDER NO.: 11329816 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $ 520,000.00 DATED: FEBRUARY 18, 2005 TRUSTOR: LEONARD A. ACCARDI AND M. ELIZABETH ACCARDI, HUSBAND AND WIFE AS COMMUNITY PROPERTY TRUSTEE: REBECCA W. SHAIA BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. RECORDED: MARCH 3, 2005 AS INSTRUMENT NO. 05-177194 END OF SCHEDULE B PAGE 4 ORDER NO.: 11329816 NOTES AND REQUIREMENTS Note No. 1: SPECIAL NOTE: CALIFORNIA REVENUE AND TAXATION CODE SECTION 18662, EFFECTIVE JANUARY 1, 1994 AND BY AMENDMENT EFFECTIVE JANUARY 1, 2003, PROVIDES THAT THE SELLER IN ALL SALES OF CALIFORNIA REAL ESTATE MAY BE REQUIRED TO WITHHOLD 3 AND 1/3''°% OF THE TOTAL SALES PRICE A CALIFORNIA STATE INCOME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF THE LAW AS THEREIN CONTAINED. Note No. 2: YOUR ORDER FOR TITLE WORK CALLS FOR A SEARCH OF PROPERTY THAT IS IDENTIFIED BY A STREET ADDRESS ONLY OR BY SUCH OTHER UNCONFIRMED DATA. BASED ON OUR RECORDS, WE BELIEVE THAT THE LAND DESCRIPTION AND ITS OWNERSHIP IN THIS REPORT REPRESENTS THE PARCEL THAT YOU REQUESTED. IN ORDER TO PREVENT COSTLY ERRORS AND TO BE CERTAIN THAT THE CORRECT PARCEL OF LAND IS BEING CONSIDERED, WE REQUIRE THAT WRITTEN APPROVAL OF THE LEGAL DESCRIPTION AND THE VESTING IN THIS REPORT BE SENT TO US. IF WE DO NOT RECEIVE SUCH CONFIRMATION BEFORE CLOSE OF ESCROW, WE WILL CONSIDER THIS DEEMED APPROVAL OF THE DESCRIPTION AND OWNERSHIP OF SAID LAND AS SHOWN IN OUR REPORT. Note No. 3: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES Note No. 4: OUR WIRING INSTRUCTIONS ARE PROVIDED. PACIFIC WESTERN BANK, 9454 WILSHIRE BOULEVARD, BEVERLY HILLS, CALIFORNIA 90212 - - - ABA ROUTING NO. 122 238 200 - - - FOR FURTHER CREDIT TO THE ACCOUNT OF: PROVIDENT TITLE COMPANY, ACCOUNT NO. 1000482016 REFERENCE (11329816-RLM). PAGE 5 PROVI DENT"'^^ COMPANY 9300 WILSHIRE BLVD, SUITE 100 BEVERLY HILLS, CA 90212 PHONE NO. (800) 794-8094 FAX NO. (310)247-4970 LENDERS SUPPLEMENTAL REPORT ATTENTION: YOUR NO. OUR NO. 11329816 THE REFERENCED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN FORM POLICY AS FOLLOWS: 1. NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN ALTA POLICY, WHEN ISSUED. 2. THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 3043 HARDING STREET, CARLSBAD, CALIFORNIA 3. THERE ARE NO CONVEYANCES AFFECTING SAID LAND RECORDED WITHIN TWENTY FOUR (24) MONTHS OF THE DATE OF THIS REPORT. PAGE 6 ORDER NO.: 11329816 EXHIBIT "A" LOTS 23 AND 24 IN BLOCK 57 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. o () o > 2 > -D O. o > S 09 1 \ii7 !615 Cy IJ© II © 9 507 8 5 . 1 i 't' 3 2 1 *» 1 ilO| 507 8 5 . 1 i *, 1 1 Z 1 t BLK 1 r ll .1 ? $ „l 1 „i ! 1 1 1 'f ft J HARDING ll II i. 17 18(T) P«256e PAR ! 1 ® 1 O.HAC ' 1 1 \it 29 ' * (jfiO 31 ? S BLH 4'«' »• 16,15 1 114 .z ©12 131 1 10 9 7^65 "I 1 18| M (la) 0.72 AC. M 1 1 II 1 1 1 1 ! M ,. 3 2 1' © 1 1 » • s 1 1 I" g JEFFERSON (41-H ::-:T) THIS WP *« PREFAPEO FOB ASSEIMUT PVPPOSS Ott fC LMEl.Tt ri .'SaXD FOB Ttt aCtUIACT M Th£ WU StCm ASSESKO 5 Cipi;f.S 3 ® 10 e 9 T 8 7 s! , 26 2« 6 5 TUW SA" OIEGO COUKIT ASSESSOR'S MAP BK MJ PG 35 % MAOtSON .30/ — ST. I 203-35 n/1S«011 AJR CHANGES OlD NIW CUI /7 '(£. iii li 71 3M 9," 14 75 3S1 \ti 19 75 {S«l 35* i'* IS Tf 18 91 1064- iS3 9 82 J« /S 3ii. IZ nlfif H 35/ n » 351 19 1441 S54 14 i7fcie 03 1333 351 18 w 03 4796 354 1S 13 1393 MAP 775( 365. 535) HDW OF CARLSBAD AMENDED BLKS M8. 56. 57 S POR BLKS 66 S 67 O 00 <3\ O o o 3 3 C O •< o 00 LU < o. CONDITIONS AND STIPULATIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement Ihereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any talking 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 Itnown to the Company, not recorded in the public records at Date of Policy, but l<nown to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Rev. 11-7-04 PAGE 9 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01/01/08) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, S.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: * For Covered Risk 16, 18, 19, and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liabilitv Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $5,000.00 Rev. 11-7-04 PAGE 10 ^^^^ 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVEFiAGE 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 (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Titte for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a). Taxes or assessments 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims which are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Rev. 11-7-04 PAGE 11 3043 Harding Street, Carlsbad, CA - Google Maps http://maps.google.com/r^aps?f=q&source=s_q&hl=en&geocode=&q... Goi)gle Address 3043 Harding St Carlsbad, CA 92008 Get Google Maps on your phone Text the word "GMAPS" to 46645 3 IrvMvative Tlrerapy * Kids 5 Star Rent A Van Q Body Bar Salon A Day Spa s. Chin's Szediwan Tl ,0^ Tl U S Banum II KFC tl PiZ7« Port Carbbad O"^ Boys * Girls Clulw of Carlsbad 32012 Google Cartsbad fitontessori School Cartsbad iKi Commmty Church • •ft Map data @2012 Google I of I 5/9/2012 12:29 PM o PROVI DENTiUh'PANY 9300 Wilshire Blvd, Suite 100 Beverly Hills, CA 90212 Phone No. (800) 794-8094 Fax No. (310) 247-4970 PROVIDENT TITLE COMPANY (2151) 9300 WILSHIRE BLVD # 100 BEVERLY HILLS, CA 90212 ATTN: JILL TITLE OFFICER: RALPH KHELIL- MONCEF SELMI- LOUIE MAARFI E-MAIL: TITLEUNIT11 (gPR0VIDENTTITLE.COM ORDER NO.: 11329816 YOUR REFERENCE NO: 3043 HARDING PROPERTY ADDRESS: 3043 HARDING STREET, CARLSBAD, CALIFORNIA PRELIMINARY REPORT DATED AS OF APRIL 27, 2012 AT 7:30 A.M. PROVIDENT 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE B ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN SCHEDULE B OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PREUMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL UENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. RALPH KHELIL- MONCEF SELMI- LOUIE MAARFI TITLE OFFICER o ORDER NO.: 11329816 THE FORM OF POLICY OF TITLE INSUFJANCE CONTEMPLATED BY THIS REPORT IS: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (2006) 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: LEONARD A. ACCARDI AND M. ELIZABETH ACCARDI, HUSBAND AND WIFE AS COMMUNITY PROPERTY 3. THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 23 AND 24 IN BLOCK 57 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. PAGE 2 ORDER NO.: 11329816 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2012-2013 WHICH ARE A LIEN NOT YET PAYABLE. B. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2011-2012. 1ST INSTALLMENT: $ 2,601.98 PAID 2ND INSTALLMENT: $2,601.98 PAID CODE NO.: 09098 TAX PARCEL NO.: 203-352-14-00 C. SUPPLEMENTAL ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A. SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4, RESPECTIVELY, OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. NOTE: THE MAP ATTACHED HERETO IS NEITHER A PLAT NOR A SURVEY, IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREIN. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. THE FACT THAT SAID LAND IS INCLUDED WITHIN A PROJECT AREA OF THE REDEVELOPMENT AGENCY SHOWN BELOW, AND THAT PROCEEDINGS FOR THE REDEVELOPMENT OF SAID PROJECT HAVE BEEN INSTITUTED UNDER THE REDEVELOPMENT LAW (SUCH REDEVELOPMENT PLAN) AS DISCLOSED BY A DOCUMENT, RECORDED: AUGUST 17, 1981 AS INSTRUMENT NO. 81-261825 REDEVELOPMENT AGENCY: CITY OF CARLSBAD REDEVELOPMENT PLAN PAGES ORDER NO.: 11329816 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $ 520,000.00 DATED: FEBRUARY 18, 2005 TRUSTOR: LEONARD A. ACCARDI AND M. ELIZABETH ACCARDI, HUSBAND AND WIFE AS COMMUNITY PROPERTY TRUSTEE: REBECCA W. SHAIA BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. RECORDED: MARCH 3, 2005 AS INSTRUMENT NO. 05-177194 END OF SCHEDULE B PAGE 4 ORDER NO.: 11329816 NOTES AND REQUIREMENTS Note No. 1: SPECIAL NOTE: CALIFORNIA REVENUE AND TAXATION CODE SECTION 18662, EFFECTIVE JANUARY 1, 1994 AND BY AMENDMENT EFFECTIVE JANUARY 1, 2003, PROVIDES THAT THE SELLER IN ALL SALES OF CALIFORNIA REAL ESTATE MAY BE REQUIRED TO WITHHOLD 3 AND 1/3^°% OF THE TOTAL SALES PRICE A CALIFORNIA STATE INCOME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF THE LAW AS THEREIN CONTAINED. Note No. 2: YOUR ORDER FOR TITLE WORK CALLS FOR A SEARCH OF PROPERTY THAT IS IDENTIFIED BY A STREET ADDRESS ONLY OR BY SUCH OTHER UNCONFIRMED DATA. BASED ON OUR RECORDS, WE BELIEVE THAT THE LAND DESCRIPTION AND ITS OWNERSHIP IN THIS REPORT REPRESENTS THE PARCEL THAT YOU REQUESTED. IN ORDER TO PREVENT COSTLY ERRORS AND TO BE CERTAIN THAT THE CORRECT PARCEL OF LAND IS BEING CONSIDERED, WE REQUIRE THAT WRITTEN APPROVAL OF THE LEGAL DESCRIPTION AND THE VESTING IN THIS REPORT BE SENT TO US. IF WE DO NOT RECEIVE SUCH CONFIRMATION BEFORE CLOSE OF ESCROW, WE WILL CONSIDER THIS DEEMED APPROVAL OF THE DESCRIPTION AND OWNERSHIP OF SAID LAND AS SHOWN IN OUR REPORT. Note No. 3: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES Note No. 4: OUR WIRING INSTRUCTIONS ARE PROVIDED. PACIFIC WESTERN BANK, 9454 WILSHIRE BOULEVARD, BEVERLY HILLS, CALIFORNIA 90212 - - - ABA ROUTING NO. 122 238 200 - - - FOR FURTHER CREDIT TO THE ACCOUNT OF: PROVIDENT TITLE COMPANY, ACCOUNT NO. 1000482016 REFERENCE (11329816-RLM). PAGES PROVI DENT^'^^ COMPANY 9300 WILSHIRE BLVD, SUITE 100 BEVERLY HILLS, CA 90212 PHONE NO. (800) 794-8094 FAX NO. (310)247-4970 LENDERS SUPPLEMENTAL REPORT ATTENTION: YOUR NO. OUR NO. 11329816 THE REFERENCED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN FORM POLICY AS FOLLOWS: NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN ALTA POLICY, WHEN ISSUED. THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 3043 HARDING STREET, CARLSBAD, CALIFORNIA THERE ARE NO CONVEYANCES AFFECTING SAID LAND RECORDED WITHIN TWENTY FOUR (24) MONTHS OF THE DATE OF THIS REPORT. PAGE 6 ORDER NO.: 11329816 EXHIBIT "A" LOTS 23 AND 24 IN BLOCK 57 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. o o -0 ITS 5' 09 !6 15 (y 13® 11 ©9 3©7 6 5 . 1 1 A' 3 2 1 1 :I0| 3©7 6 5 . 1 1 1 1 ^ 1 1 iT 1(^5) 1 1.15 nL..J_ 1 ' 1 , Vr 1 1 i« HARDING il4 © ©12 131 11 129111^' qi-K 56 77 3 2 I 10 9 7 6 5 I I 181 M ^"1 M (jS)0 72AC. , llllll ^|©Z1 I I I I I I JEFFERSON (•vrH irt.) 1 r 'MI5 V*P *W PREFAPfD FOR ASSfSSrtST Pl^TOSES CNtl WJ Ifaitr rS »SSU*D FOB '(€ SCCLWC- » Tht CAT* StCrtN. ASSSSC^ S !:'B':£iS 16 15,14,13 ^jl! 10© S ©3 M 1 IK l» I7I .4| 2I 4 !l M 1 \ 1 1 66 H/IRCIMC COMMUt- iC 1 1 ITV It -1 1 1 1 i\ 1 1 L t tf' rZim SAH OIEGO CDltNIT ASSESSOR'S MAP >R 203 fC 3S » I o.|M|«:. rl I I 12 II 10 9 I .1 ®22»® m'l I. I 7 s s 4 3 2 I ST 203-35 cj 11/15^011 AJR CHANGES >IK OlD NfW YI CUI fl /7 it »« 3Vi '(^ a mi 35< 73 3M v> /.* n mo »l \%z 19 IS ?»'i 35* 2'* (S Tf 312 18 tt /«+ 353 J^8 9 82 a* 3« la ?/ S9f n » ;7» 351 19 97 r443 »4 14 17kis 02 1393 35t 18 w 03 4798 354 I7A18 18 12 1393 MAP 775(365.535) Vm OF CARLSBAD AMENOEO BLKS H8. 56. 57 i POR BLKS BE S 67 .U O 00 H O 3 o o 3 H CO UJ < Q. > s c o •< n CONDITIONS AND STIPULATIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien ofthe insured mortgage, or claim thereof, which arises out ofthe transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Rev. 11-7-04 PAGE 9 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01/01/08) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning; a. building; b. zoning; c. (and use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14,15, 16, 18,19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, S.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right; a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: * For Covered Risk 16, 18, 19, and 21, Your Deductible Amount and Our Hilaximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liabilitv Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1 % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $5,000.00 Rev. 11-7-04 PAGE 10 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording ofthe 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 ft-om Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of; 1. (a). Taxes or assessments 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims which are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Rev. 11-7-04 PAGE 11 ^ o o FILECOPY '<#13^ CITY OF CARLSBAD Community & Economic Development www.carlsbadca.gov ADMINISTRATIVE REVIEW PERMIT AND ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION DATE: May 31, 2012 APPLICATION NUMBER: RP 12-24/CDP 12-09 PROJECT DESCRIPTION: Convert existing single-family residence into a Yoga stuidio. LOCATION: 3043 Harding Street, Carlsbad, CA 92008 APN 203-352-14 The proposed development is located within the Coastal Zone. No formal public hearing is required for this appiication, and a public hearing will only be held upon written request, within 15 working days from the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The City Planner will determine this application 15 working days after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Greg Fisher, at the City of Carlsbad Planning Division, (760) 602-4629, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Planning Division MM" 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® n- p-m tr tr a- • a a o • m nj ru cr • IZI U.S. Postal Service,-! CERTIFIED MAIL, RECEIPT^ (Domestic Mail Only; No Insurance Coverage ded) For delivery information visit our website at www.usps.com. 4 r* i F i i **# i i A L US mm mm LB Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Postmark Hera 5-3)i9 Restricted Delivery Fee (Endorsement Required) I Total Post; California Coastal Commission Attn: Toni Ross "StreerApi'f Suite 103 orPOBoxN 7575 Metropolitan Drive Clty.State:z g^^ QjggQ 92108-4402 Sent To PS Form 3800. August 2006 Sec Reverse for Instructions SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. 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. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 COMPLETE THIS SECTION ON DEUVERY A. Slgnaj^jp. • Agent • Addressee Bj^scelved by ( Printed Narfff C. Date of Delivery D. Is deliven^ addrsss different from item 17 • Yes D. Is delivery address different from item 17 If YES, enter delivery address below: Yes • No 3. Service Type ^^^<;erti1ied Mall • Express Mail • Registered ^^^SlBetum Receipt for Merchandise • Insured Mail • C.O.D. 4. Restricted Delivery? (Ertra Fee) • Yes 2. Article Number (Transfer from service label) 7Dm EESD DDDD fimi TE77 PS Form 3811, February 2004 Domestic Return Receipt 102595O2-M-1540 <#f^ CTV OF V CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR AN ADMINISTRATIVE REVIEW PERMIT AND MINOR COASTAL DEVELOPMENT PERMIT Notice is hereby given that an Administrative Review Permit and Minor Coastal Development Permit have been applied for to allow an existing single-family residence to be converted into a Yoga studio on property generally located at 3043 Harding Street, Carlsbad, Califomia, and more particularly described as: Lots 23 and 24 in Block 57 of Carlsbad, in the City of Carlsbad, County of San Diego, State of Califomia, According to Map Thereof No. 775, Filed in the Office of the County Recorder of San Diego County, February 15, 1894 If you have any objections to the granting of this pennit or wish to have an informal hearing to discuss the requested permits, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Greg Fisher in the Planning Division at 602-4629. CASE NO.: RP 12-24/CDP 12-09 CASE NAME: YOGA BOUND DATE: May 29, 2012 CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® m ru 0" cr i-q cC (=3 a o a a LD ru ru tr o IZI r- U.S. PQstal Service™ CERTIFIED MAIL™ RECEIPT^ (Bomestic Mail Only; No Insurance Coverage P^i ied) For delivery information visit our website at wvinw.usps.comcs i C 1 A L U S mm p" Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Reauired) Postmark Here Total Postagi Sen/ To California Coastal Commission Attn: Toni Ross Suite 103 Sfreef, Apt. No •rpoBoxNo. 7575 Metropolitan Drive "rsteVftZ/f San Diego, CA 92108-4402 3800. August 2006/--i See Reverse tor instructtons SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON OEW/EPY • Complete items 1,2, and 3. 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. Sigratu»^ 3 / Y -"^^ihi— - / N <>• • Addressee • Complete items 1,2, and 3. 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. RecelyfedJsy (Printed Name) GJJate ol Del iwery • Complete items 1,2, and 3. 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. D. Is delivery address diffensnt fiam Item 1? • *fes If YES, enter delivery address below: • No 1. Article Addressed to: •r California Coastal Commission Attn: Toni Ross Suite 103 D. Is delivery address diffensnt fiam Item 1? • *fes If YES, enter delivery address below: • No 7575 Metropolitan Drive San Diego, CA 92108-4402 3. Service Type ^^^^«eftifed Mail • Exprass Mail • Registered y^JiBbxn Receipt for IMerdiandisa • Insuned Mail • C.O.D. 7575 Metropolitan Drive San Diego, CA 92108-4402 4. Restricted Delivery? (Exfta Fee^ QTas ^•^''l^r'*' . 70m EESD ODOD aMlT 1BS3 PS Form 3811, February 2004 Domestic Retum Receipt ni2is*-02-w-is«. PROJECT NUMBER: BUILDING ADDRESS: Discretionary Review Checklist RP 12-24 3043 HARDING ST PROJECT DESCRIPTION: YOGA BOUND - FITNESS STUDIO ASSESSOR'S PARCEL NUMBER: 203-352-14 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, infomiation 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: ^. nycuv Date 5/17/2012 DENIAL Please see the attached report of deficiencies marked with IS]. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specificafions fo this office for review. By: By: By: Date Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Deputy Fire Marshal ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 ^ CITY OF CARLSBAD ^ REVIEW AND COMMENT MEMO DATE: MAY 9, 2012 PROJECT NO(S): RP 12-24 REVIEW NO: PROJECT TITLE: YOGA BOUND APPLICANT: HOFMAN PLANNING & ENGINEERING/ALANA BRAY TO: Land Development Engineering-Terie Rowley I I Police Department - J. Sasway ^ Fire Department-Greg Ryan Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District I I Landscape Plancheck Consultant - PELA • School District I I 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 com^^ns tp th^^^wNGTRACKING DESk in the Planning Department at 1635 Faraday Avenue, bv!^&/l2. ffyou 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. Thankyou ^ ' „ ^ COMMENTS: '^Umt f^/J^jC TP ^f^iLPZ/^Cf Dl}//9sN ftl^ OWi^PT Signature Date PLANS ATTACHED Review & Comment 03/10 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MAY 9, 2012 PROJECT NO(S): RP 12-24 REVIEW NO: 1 PROJECT TITLE: YOGA BOUND APPLICANT: HOFMAN PLANNING & ENGINEERING/ALANA BRAY TO: • • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque 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 cond^i}$ to th^^^y|li^ DESK' in the Planning Department at 1635 Faraday Avenue, b\^^/i2. Ir^u nave ''No Comrfients," 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 CITY OF CARLSBAD REVIEW AND COMMENT MEMO FILE COPY DATE: MAY 9. 2012 PROJECT NO(S): RP 12-24 REVIEW NO: 1 PROJECTTITLE: YOGA BOUND APPLICANT: HOFMAN PLANNING & ENGINEERING/ALANA BRAY TO: Land Development Engineering-Terie Rowley I I Police Department - J. Sasway Fire Department - Greg Ryan Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District I I Landscape Plancheck Consultant - PELA I I School District I I 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, bv 5/30/12. 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 CITY OF CARLSBAD Planning Division FILE COP! www.carlsbadca.gov ADMINISTRATIVE REVIEW PERMIT AND ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION June 25, 2012 Hofman Planning and Engineering 3156 Lionshead Avenue, Suite 1 Carlsbad, CA 92010 RE: RP 12-24/CDP 12-09 - YOGA BOUND The City has completed a review of the application for an Administrative Review Permit and Administrative Coastal Development Permit to allow an existing single family residence to be converted to a Yoga/Aerobics studio use including associated minor modifications (install wheelchair ramp, new toilet and lavatory, etc.) on a residential site located at 3043 Harding Street (APN: 203-352-14), in the Village Review (V-R) Zone, and in Local Facilities Management Zone 1. It is the City Planner's determination that the project, RP 12-24/CDP 12-09 - YOGA BOUND, is consistent with the Carlsbad Village Master Plan and Design Manual, applicable City Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: Findings: The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the Yoga/Aerobics studio use provides a service that addresses the unique residential and commercial needs of this segment of the Village community. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad IVIunicipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual. That the total cost of the proposed development is less than $60,000. 4. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the property is not located adjacent to the shore and no opportunities for coastal access are available from the subject site, nor are public recreation areas required ofthe project. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the development consists of the conversion of an existing single family residence to a Yoga/Aerobics studio use that includes associated minor modifications (install wheelchair ramp, new toilet and lavatory, etc.) and the development is consistent with the Carlsbad Village Master Plan, which serves as the Certified Local Coastal Program for the City of Cartsbad Village Segment of the California Coastal Zone. The proposed Yoga/Aerobics 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® RP 12-24/CDP 12-09 - YOGA BOUND June 25, 2012 Page 2 studio use is consistent with the surrounding development of single-family residences and mixed-use developments. The existing structure does not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The project site is not located in an area of known geologic instability of flood hazard. The site is located in close proximity to the coast, but no public opportunities for coastal shoreline access are available from the subject site. The site is not suited for water-oriented recreation activities. 6. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Plan (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 7. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 8. That the request for an Administrative Coastal Development Permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) ofthe Carlsbad Coastal Development Regulations. 9. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 Class 3 of the State CEQA Guidelines as the project involves the conversion of an existing small structure from one use to another where only minor modifications are made to the structure and will not have any adverse significant impact on the environment. 10. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. Conditions; Note: Unless specifically stated in the condition, all of the following conditions, upon approval of the proposed development, must be met prior to the issuance of a building permit. 1. Approval is granted for RP 12-24/CDP 12-09 as shown on Exhibit "A" dated June 25, 2012, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to RP 12-24/CDP 12-09 - YOGA BOUND June 25, 2012 Page 3 compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Administrative Review Permit and Administrative Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Review Permit and Administrative Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Administrative Review Permit and Administrative Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. 7. Prior to issuance of the building permit. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Review Permit and Administrative Coastal Development Permit RP 12-24/CDP 12-09 - YOGA BOUND on the property. Said Notice of Restriction shall note the property description, location ofthe file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Engineering: 9. 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 RP 12-24/CDP 12-09 - YOGA BOUND June 25, 2012 Page 4 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. General; 10. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carisbad, along with a payment of $620.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. 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 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, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY 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. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:GF:bd Leonard A. Accardi CPA, 3043 Harding Street, B-Rear Building, Carlsbad, CA 92008 Kathleen Lawrence, Project Engineer Don Neu, City Planner Chris DeCerbo, Team Leader File Copy Data Entry ^^cMsBAD FILE copy Planning Division www.carlsbadca.gov June 25, 2012 Hofman Planning & Engineering Shay Even 3156 Lionshead Avenue, Ste. 1 Carlsbad, CA 92010 SUBJECT; NOTICE OF RESTRICTION - RP 12-24/CDP 12-09 Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the RP 12-24/CDP 12-09. 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 notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) Document must be properly notarized. ^ Name on signature page and name on Notarial Acknowledgement must match. Property owner's signatures/initials must be the same as on Notary Acknowledgement. ^ Notary seal cannot be blurry/too light (County will not record tiie document if any portion of ttie Notary Seal is blurry or too ligtit) ^ 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 IVIanagement Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, GREG FISHER Assistant Planner c: CED Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® <%c,Tvo. a FILE V (CARLSBAD Planning Division www.carlsbadca.gov June 11, 2012 Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, GA 92010 SUBJECT: RP 12-24/CDP 12-09 - YOGA BOUND Congratulations, your project application was deemed complete on June 7, 2012, and the City subsequently determined on June 7, 2012 that the project is exempt from CEQA. In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), an administrative decision to approve or deny the project must be determined by August 7, 2012. Should you have any questions regarding an application extension or withdrawal, please contact Greg Fisher at 760-602-4629 or by email at greg.fisher@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner Leonard A. Accardi, CPA, 3043 Harding Street, B-Rear Building, Carlsbad, CA 92008 Don Neu, City Planner Kathleen Lawrence, 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 ® CIT, OF ^ FILE COPY VCARLSBAD Planning Division www.carlsbadca.gov June 11, 2012 Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: 2"^ REVIEW FOR RP 12-24/CDP 12-09 - YOGA BOUND The items requested from you earlier to make your Village Review Permit and Coastal Development Permit, application no. RP 12-24/CDP 12-09 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. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Kathleen Lawrence, Engineering Technician, at (760) 602-2741. • Fire Department: Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:sm c: Leonard A. Accardi, CPA, 3043 Harding Street, B-Rear Building, Carlsbad, CA 92008 Don Neu, City Planner Kathleen Lawrence, 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 ® RP 12-24/CDP 12-09 - YtTOA BOUND June 11, 2012 Paqe 2 ISSUES OF CONCERN Planning: None Engineering: None ^^^^AD^cDAr^ ^ QFILE ^ CARLSBAD Planning Division www.carlsbadca.gov May 29, 2012 Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: 1st REVIEW FOR RP 12-24/CDP 12-09 - YOGA BOUND Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Administrative Review Permit, application no. RP 12-24/CDP 12-09, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed. May 9, 2012, 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, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Kathleen Lawrence, Engineering Technician, at (760) 602- 2741. • Fire Department: Fire Inspections, at (760) 602-4661. Sft^cerely, . CHRIS DeCERBO Principal Planner CD:GF:sm c: Leonard A. Accardi, CPA, 3043 Harding Street, Suite B-Rear Building, Carlsbad, CA 92008 Don Neu, City Planner Kathleen Lawrence, 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 ® RP f2-2'4/CDP 12-09 - YOGA'BOUND ^ May 29, 2012 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Pursuant to Section 21.8l.030(2)C of the Carlsbad Municipal Code, the proposed project to convert the existing single family residence into a yoga center requires a Coastal Development Permit. Please submit for a Coastal Development Permit and pay the application fee in the amount of $622.00. Engineering: None ISSUES OF CONCERN Planning: 1. Please include on the site plan the net square footage for both the yoga studio and the office building to determine onsite parking requirements. Net square footage is defined on page 182 of the Carlsbad Village Master Plan. Engineering: None